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Regulation

  • While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

    March 01, 2022Annie Railton, James Gatta, Jud Welle and Emily Notini
  • An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

    March 01, 2022Frank Liu, Dustin Ferzacca and Gwen Tawresey
  • While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

    March 01, 2022Annie Railton, James Gatta, Jud Welle and Emily Notini
  • SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.

    March 01, 2022Jonathan S. Sack and Penina Moisa
  • Although billed as an annual look-back, the U.S. Department of Justice Criminal Division's Fraud Section annual report provides important insight for individuals, entities, and their lawyers as to where the Fraud Section is setting its sights for 2022 and beyond.

    March 01, 2022Kevin Muhlendorf
  • This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.

    February 01, 2022Elkan Abramowitz and Jonathan S. Sack
  • As boards implement anti-bullying policies to protect against a toxic management-to-employee workplace environment, they should also consider extending similar protection to the vital interactions between the general counsel and the CEO.

    February 01, 2022Michael W. Peregrine