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Regulation

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Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments Image

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments

David Aaron

The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.

Features

Arm Yourself Against Crypto Regulatory Uncertainty Image

Arm Yourself Against Crypto Regulatory Uncertainty

Kristin L. Burnett

The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.

Features

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies Image

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies

Harry Sandick & Hilarie Meyers

Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ's corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ's corporate criminal enforcement policies and practices.

Features

WTF? The Board Weighs In on Failure to Function Refusals Image

WTF? The Board Weighs In on Failure to Function Refusals

Christopher P. Bussert

Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.

Features

Criminal Considerations and Federal Authorities In Trade Secrets Disputes Image

Criminal Considerations and Federal Authorities In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.

Features

New Fraud Section Chief Talks Corporate Compliance Image

New Fraud Section Chief Talks Corporate Compliance

Andrew Goudsward

After nearly nine years in the private sector, Glenn Leon returned to the U.S. Department of Justice to take over a section that has grown both in staff and in stature as it pursues some of the government's biggest white-collar cases.

Features

The Information Governance Groundhog Day Syndrome Image

The Information Governance Groundhog Day Syndrome

Ben Schmidt & Nathan Curtis

Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

Features

Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act Image

Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part Three In a Series Part Three continues the analysis of new compliance requirements in Canada's new Consumer Privacy Protection Act, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.

Features

Can Regulation Provide Stability Through 'Cryptocurrency Winter'? Image

Can Regulation Provide Stability Through 'Cryptocurrency Winter'?

Sean J. Coughlin & Vivian B. Isaboke

It comes as no surprise as we enter the second half of the year that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article examines the impact of cybercrimes and crypto bankruptcies on the current market.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

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