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LJN Quarterly Update: 2024 Q2
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
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Cybersecurity Law & Strategy
DOJ’s Cyber Fraud Initiative Is a Wake-Up Call That Keeps Ringing
Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
The DOJ's Cyber-Fraud Initiative’s results and DOJ’s guidance on corporate compliance have made the point to government contractors and corporate America — “now is the time to invest and reinvest” in cybersecurity compliance.
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Entertainment Law & Finance
First Circuit Defines ‘Featured Artist’ for Purpose of Right to Sound-Recording Royalties from Digital Transmissions
Stan Soocher
To the public, a band typically is defined as its performing members, not a business entity that may control the music group. But when it comes to royalty rights, are the performers or the business entity entitled to “featured artist” statutory royalties from digital transmissions of the band’s sound recordings?
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Business Crimes Bulletin
DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
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Entertainment Law & Finance
Hope for ‘Spotify Model’ for Licensing Content for AI
Mason Lawlor
A “Spotify model” of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
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Business Crimes Bulletin
The State of Supreme Court Jurisprudence On Public Corruption
Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
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The Intellectual Property Strategist
Key Takeaways from the Latest USPTO Guidance on AI
James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.
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Cybersecurity Law & Strategy
Colorado Emerges As Pioneer With Consumer AI Legislation
Coraleine J. Kitt
The Colorado AI Act, the first of its kind in the country, aims to reshape AI system deployment and development, setting a precedent for other jurisdictions.
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Business Crimes Bulletin
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.
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Cybersecurity Law & Strategy
Pennsylvania Bar Issues Opinion On Ethical Use of AI
Daniel J. Siegel
Formal Opinion No. 2024-200 stands as the most detailed opinion issued by any Bar association to date, aiming to heighten ethical awareness and offer advice on addressing these issues. While aimed at Pennsylvania-licensed attorneys, the guidance is applicable to all lawyers everywhere.
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Business Crimes Bulletin
Antitrust Enforcement Agencies Target AI Companies
Sulaiman Abdur-Rahman
U.S. antitrust enforcement agencies may file complaints against the biggest companies advancing artificial intelligence, legal experts said in reaction to news reports of a handshake agreement between the Department of Justice and Federal Trade Commission.
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LJN Quarterly Update: 2024 Q1
LJN Editorial Staff
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
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Cybersecurity Law & Strategy
Compliance Requirements of CISA’s Proposed Cyber Incident Reporting Rule
Mark A. Berman, Jessica L. Copeland and Victoria M. Okraszewski
This article focuses on the requirements of CISA’s proposed cyber incident reporting rule, the compliance requirements for covered entities and the steps entities can take to protect themselves.
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Cybersecurity Law & Strategy
Protecting Privacy and Sensitive Data In Era of Neurotechnologies
Frances Green, Paul DeMuro and Eleanor Chung
Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.
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Business Crimes Bulletin
How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?
Leo Tsao, Robert Luskin and Corinne Lammers
Given the DOJ’s limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.
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Accounting And Financial Planning For Law Firms
IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud
Julie Potts
While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.
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Business Crimes Bulletin
What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director
Maria Dinzeo
Companies should be going above and beyond what’s legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel
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Business Crimes Bulletin
Worldwide Regulations Increasing Compliance Challenges
Chris O'Malley
Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.
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Cybersecurity Law & Strategy
China Finalizes New Regulations to Relax Personal Data Exports from China
Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
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Cybersecurity Law & Strategy
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.
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Cybersecurity Law & Strategy
Is Genetic Information the Next Privacy Battleground?
Jeffrey N. Rosenthal and Amanda M. Noonan
GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.
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Business Crimes Bulletin
OFAC, Commerce, and DOJ Emphasize Pursuit Of Enforcement Actions Against Non-U.S. Persons and Entities
Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
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Entertainment Law & Finance
NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
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Business Crimes Bulletin
Navigating the SEC’s New Cybersecurity Disclosure Rules
Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
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Business Crimes Bulletin
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
Christopher D. Carusone
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
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Business Crimes Bulletin
FTC Finalizes Ban On Noncompete Agreements
Maydeen Merino
The rule will generally ban employers from entering, maintaining or attempting to enter a noncompete agreement with an employee, or conveying — absent a good-faith basis — that a worker is subject to a noncompete clause.
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Commercial Leasing Law & Strategy
Proposed Cybersecurity Rule Could Affect Many CRE Landlords
Erik Sherman
Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
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Cybersecurity Law & Strategy
Pitfalls In Personal Device Data Collection
Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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Business Crimes Bulletin
Common Pitfalls In Personal Device Collection
Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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Business Crimes Bulletin
FCPA Compliance Guidance for Global Businesses
Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
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Commercial Leasing Law & Strategy
New York’s Guaranty Law Continues to Divide Opinion
Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
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The Intellectual Property Strategist
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
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Business Crimes Bulletin
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
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The Bankruptcy Strategist
Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don’t Apply to Corporate Debtors Under Subchapter V
Lawrence J. Kotler and Elisa Hyder
In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
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Commercial Leasing Law & Strategy
New York’s Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
Massimo F. D’Angelo and Gregory Wong
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.
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Business Crimes Bulletin
California DOJ’s Mission: Reinvigorate Criminal Prosecutions Program
Maria Dinzeo
California hasn’t brought a case for criminal antitrust violations in more than 20 years. But that’s about to change, according to California Assistant Attorney General Paula Blizzard.
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Business Crimes Bulletin
FTC Chair Concerned About Dominant Tech Firms
Maydeen Merino
The concentration of dominant technology firms could harm U.S. national interests and global leadership, Federal Trade Commission Chair Lina Khan said in March at a Carnegie Endowment for International Peace event.
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Cybersecurity Law & Strategy
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
Alan Friel, David Manek, Sasha Kiosse, David Farber and Colleen M. Yushchak
The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.
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Business Crimes Bulletin
Decoding DOJ’s New ‘Justice AI’ Initiative
James D. Gatta, Allan J. Medina and Ian Q. Rogers
The DOJ is likely to face many practical challenges and novel issues as it begins coding its own algorithm for AI-related enforcement. This article briefly examines three areas of AI-related enforcement where such practical challenges and novel issues may arise.
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Commercial Leasing Law & Strategy
NYC Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant’s default initially arose during the Guaranty Law’s window period, but persisted after its expiration.
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Business Crimes Bulletin
The FTC and DOJ’s New Guidelines Promise Sharper Scrutiny of Mergers
Karen Hoffman Lent and Kenneth Schwartz
From loosened structural presumptions to unconventional theories of harm such as “ecosystem competition” to consideration of a merger’s effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
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Business Crimes Bulletin
Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
Elkan Abramowitz and Jonathan Sack
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes “gratuities,” and not simply “bribes,” given to state and local officials.
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Commercial Leasing Law & Strategy
‘Yellowstone’ Injunctions: Navigating the Wild West of Commercial Lease Disputes
Janet Kljyan and Charles F. Martin III
The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
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Business Crimes Bulletin
The Role of the SEC In Cryptocurrency Regulation and Enforcement
Jay Dubow, Joanna Cline and Milica Krnjaja
The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC’s enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.
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Cybersecurity Law & Strategy
New Jersey Passes Privacy Law
Peter Brown
The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children’s privacy laws, consumer health data privacy laws, and data broker laws.
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Commercial Leasing Law & Strategy
Are Recent Regulations Dooming Franchising?
Marc Lieberstein and Chris Caiaccio
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,
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The Bankruptcy Strategist
Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases
Francis J. Lawall and Brenden S. Dahrouge
The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.
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Business Crimes Bulletin
Global Antitrust Competition Enforcers Are Back, According to Report
Gail J. Cohen
Labor markets, artificial intelligence and consumer-related issues are going to be under the microscope from antitrust investigators around the globe in 2024, according to a report from Morgan, Lewis & Bockius.
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Commercial Leasing Law & Strategy
The New Basel Regulations Could Bite CRE
Erik Sherman
If you haven’t heard of Basel III, you’ve got company. International banking regulations aren’t typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.
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The Bankruptcy Strategist
Bankruptcy Court Ruling of Cannabis-Related Claims Not Violation of Controlled Substance Act, California District Court Rules
Lawrence J. Kotler and Ryan Spengler
The Central District of California court held that a bankruptcy court’s administration of cannabis-related state court claims against a debtor’s estate is not a violation of the Controlled Substances Act.
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