Features

10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public Companies
By readying your company's cybersecurity program now to comply with the SEC's cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company's cybersecurity program.
Features

DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs
This article explains the DOJ's recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.
Features

White-Collar Practitioners Weigh In On Defending Trump Indictments
They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.
Features

SCOTUS: Courts Should Avoid Assigning 'Breathtaking' Scope to White-Collar Crime Statutes
The Supreme Court's Dubin decision is another worthy entrant in the long running series of SCOTUS decisions applying judicial restraints where prosecutors seem unable to restrain themselves.
Features

FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed merger guidelines that reflect the Biden administration's aggressive enforcement approach to corporate acquisitions that considers not only their effect on competition but on the labor market, antitrust attorneys said.
Features

Guaranty Law Invalidated
Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,
Features

New FTC Guidelines for Social Media Influencers
Internet celebrities with big social-media followings are often approached for advertising and marketing deals, and the money flowing from these third-party arrangements can be in the millions. But the Federal Trade Commission (FTC) moved to update the guidelines for those who profit from such arrangements, and lawyers are saying the new rules involve big but unsurprising changes.
Features

National Cybersecurity Strategy: Potential Impacts to Consider
What are the impacts to civil society and government if the plan works? We should consider that "collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions" will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.
Features

New York City's Guaranty Law Invalidated
New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.
Features

Potential Legal Pitfalls for Public Companies Due to SEC's New Cybersecurity Rules
Some 16 months after first proposing rules for public companies and investment advisors, the SEC adopted new rules, chief among them that public companies disclose material cybersecurity breaches to investors within four days.
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