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Regulation

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Addressing the Overlap Between AdTech and Third-Party Risk Management Image

Addressing the Overlap Between AdTech and Third-Party Risk Management

Chris Zohlen & Johnathan Prewitt

Effective third-party risk management means data is being considered differently. There is an extra layer requiring management and response for data privacy. The landscape is complicated, but if organizations are proactive, and review obligations as soon as they are published, there will be less room for missteps.

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Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights Image

Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights

Colleen Corwell, Shannon Nolan & Nikolas Simonlacaj

The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.

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Examining the Extraterritoriality of the DTSA Image

Examining the Extraterritoriality of the DTSA

Jie Gao & Hunter Hendrix

Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.

Features

Navigating the SEC's Marketing Rule Image

Navigating the SEC's Marketing Rule

Colleen Corwell, Shannon Nolan & Nikolas Simonlacaj

The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.

Features

No Matter Who Wins the Presidential Election, Changes In Corporate Regulation Await Image

No Matter Who Wins the Presidential Election, Changes In Corporate Regulation Await

Phillip M. Gordon & Caleb Acker

While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state.

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FTC Noncompete Ban Blocked By Federal Court Image

FTC Noncompete Ban Blocked By Federal Court

Ryan Glasgow, Christopher Pardo & Katherine Sandberg

Regardless of whether the FTC's Final Rule ever becomes effective, that will not impact the growing number of state laws that regulate noncompetes and other types of restrictive covenants, meaning that the overall issue of restrictive covenant strategy and compliance remains alive for nearly all employers, even while the Final Rule is currently set aside.

Features

Landscape for Legislative Protections Against AI Voice Scams Image

Landscape for Legislative Protections Against AI Voice Scams

Jeffrey N. Rosenthal, Timothy J. Miller & Liam Leahy

Tools have been developed to perform vocal cloning, leading to vocal deepfakes becoming a common source of scams and misinformation. And these issues have only been exacerbated by a lack of appropriate laws and regulations to rein in the use of AI and protect an individual's right to their voice.

Features

The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs Image

The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs

Jonathan New, Patrick Campbell & Sydney Park

By incentivizing individuals to report misconduct through its Whistleblower Pilot Program, the DOJ has expanded its arsenal and the means by which it can identify misconduct. So wrongdoers beware — although this is not the Old West, everybody loves a good bounty.

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Conducting Internal Investigations When Parent Is a Foreign Company Image

Conducting Internal Investigations When Parent Is a Foreign Company

Charles A. DeMonaco & Jana Volante Walshak

What criteria should the foreign parent organization use to select counsel in the United States to conduct the independent internal investigation?

Features

Phase 2 of PA's Insurance Data Security Law Is Coming — Record of Compliance Required Image

Phase 2 of PA's Insurance Data Security Law Is Coming — Record of Compliance Required

Joshua A. Mooney & Ashley Pusey

In 2023, Pennsylvania joined the growing number of states enacting the National Association of Insurance Commissioners' (NAIC) Model Law on Insurance Data Security. On Dec. 11, 2024 (just four months away), the second phase of the law goes into effect, which requires licensees to undertake detailed risk assessments, design and implement comprehensive and written cybersecurity programs, and, for some organizations, publicly certify compliance with the law.

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