Features

Crypto Winter Leads to Explosion of Regulatory Activity
In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
Features

The Future of IRS Summonses After Supreme Court 'Poselli' Ruling
In Polselli v. Internal Revenue Service, the U.S. Supreme Court unanimously refused to limit the IRS's ability to issue summonses without notice to situations in which it seeks records of accounts in which a delinquent taxpayer has an interest. This article discusses the court's decision, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.
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Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story
Many of the Biden Administration's antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means…
Features

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers
The Biden administration's efforts to establish environmental, social, and corporate governance requirements on corporations has drawn scorn from Republican lawmakers even as companies learn to navigate the ESG initiative with an unclear regulatory framework.
Features

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures
Regulators cranking up scrutiny of digital-payment platforms after fund-access and customer service problems in recent years are now broadening their gaze into what happens if they collapse. That's placing additional pressure on these fintech platforms to improve customer disclosures and possibly even find new ways to backstop against potential insolvency.
Features

Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
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Keeping Tabs On Antitrust Actions In Entertainment Industry Sectors
The growth in size of companies dominating sectors of the entertainment industry has been subject to antitrust challenges with mixed results. What are some notable recent developments in this area?
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The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps. This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
Features

Understanding the Supreme Court Cases that Didn't Destroy the Internet: 'Gonzalez v. Google' and 'Twitter v. Taamneh'
The Internet is still standing, but the Supreme Court's reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
Features
Do We Need A Title Theft Statute?
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft" in New York. The state Attorney General has championed a statute, now introduced in the state legislature, making "Property Theft" a crime. Would the statute be helpful?
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
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