Regulation

This article discusses the importance of the "official act" requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.

This article explores a key consideration for companies under government investigation: whether voluntary disclosure of privileged information in an effort to obtain cooperation credit waives the privilege vis-à-vis third parties in subsequent litigation.

The U.S. doesn't have a federal cybersecurity law, but that doesn't mean there is no cybersecurity industry standard. There are regulations, case law, guidelines and state laws that, when combined, create an industry standard applicable to almost all business sectors.

New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.

A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.

In light of the ever-growing ransomware threat, it is important to understand the developing legal and regulatory landscape in order to take the proper steps at the first sign of an attack, including getting the insurance company involved immediately.

You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.

New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.