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Regulation

Features

Do We Need A Title Theft Statute? Image

Do We Need A Title Theft Statute?

Stewart E. Sterk

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?

Features

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad? Image

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad?

Lauren Gregory Leipold

The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.

Features

Despite Rhetoric On Individual Accountability, Recent FCPA Enforcement Has Targeted Entities Image

Despite Rhetoric On Individual Accountability, Recent FCPA Enforcement Has Targeted Entities

Robert J. Anello & Richard F. Albert

With ample bravado, in recent years the FCPA unit of the DOJ and the SEC have proclaimed that holding individuals accountable for foreign bribery schemes is of "critical importance," with the FCPA saying "it is unambiguously this department's first priority" to prosecute individuals in corporate criminal matters. Reviewing the enforcement record, however, one sees that the volume of FCPA enforcement activity with respect to individuals has steadily declined in the last three years.

Features

The Fed Worries About Bank CRE Loans for a Good Reason Image

The Fed Worries About Bank CRE Loans for a Good Reason

Erik Sherman

The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.

Features

AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2 Image

AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2

Kim Peretti, Dan Felz & Alysa Austin

Part Two of a Two-Part Article In Part One, last month, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two continues the discussion on potential federal AI regulation and what companies can do to prepare.

Features

SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto Image

SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto

Cassandre Coyer

Digital assets have created a jurisdictional tug of war between the SEC and the CFTC over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.

Features

AI Regulation: What's Coming and What You Need to Do Image

AI Regulation: What's Coming and What You Need to Do

Kim Peretti, Dan Felz & Alysa Austin

Part One of a Two-Part Article Despite the steady growth of global AI adoption, there is no comprehensive federal legislation on AI in the United States. Instead, the U.S. has a patchwork of various current and proposed AI regulatory frameworks. It is critical for organizations looking to harness this novel technology to understand these frameworks and to prepare to operate in compliance with them.

Features

How to Avoid Running Afoul of Privacy Laws Image

How to Avoid Running Afoul of Privacy Laws

Dan Panitz & Jerry McIver

Privacy laws and enforcement are causing big changes to global commerce and have now arrived at our doorstep. The million dollar questions are how this will affect our businesses and what, if anything, do we need to do about it?

Features

Will Section 230 Protect AI Chatbots? Image

Will Section 230 Protect AI Chatbots?

Cassandre Coyer

The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.

Features

ITC General Exclusion Orders Targeting All Importers Are On the Rise Image

ITC General Exclusion Orders Targeting All Importers Are On the Rise

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.

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