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Regulation

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Corporate ESG Integration Not Optional Image

Corporate ESG Integration Not Optional

Alexandra Poe & Bryan Sillaman

Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism.

Features

California Privacy Protection Agency Roster Set Image

California Privacy Protection Agency Roster Set

Mike Scarcella

California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state's sweeping consumer privacy laws.

Features

Congress Leaves SEC Subject to Litigation Over Disgorgement Image

Congress Leaves SEC Subject to Litigation Over Disgorgement

Sarah Aberg & Chris Bosch

Buried in the massive National Defense Authorization Act for Fiscal Year 2021 is §6501, a provision authorizing the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others.

Features

Criminal Liability of Executives and In-House Attorneys for Corporate Actions Image

Criminal Liability of Executives and In-House Attorneys for Corporate Actions

Joseph G. Poluka & David J. Oberly

Data breaches, while frequent in number and severity, remain big news events today. Even more newsworthy is when a corporate in-house attorney is criminally prosecuted in connection with his role in responding to a data breach event.

Features

Can Landlords and Tenants Stipulate to Rent Regulation? Image

Can Landlords and Tenants Stipulate to Rent Regulation?

Jeffrey Turkel

Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.

Features

Telehealth Enforcement: Is It the Next Big Thing? Image

Telehealth Enforcement: Is It the Next Big Thing?

Ty E. Howard, Scarlett S. Nokes, Gene R. Besen & Jason P. Mehta

With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

Features

Anti-Money Laundering Enforcement Update Image

Anti-Money Laundering Enforcement Update

Kyle R. Freeny & Benjamin G. Greenberg

Over the last decade or so, anti-money laundering (AML), counter-terrorism financing (CFT), and sanctions compliance have been the subject of increased enforcement efforts. We expect this trend to accelerate in 2021 and beyond, propelled at least in part by the recent enactment of the Anti-Money Laundering Act of 2020.

Features

NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements Image

NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements

Adam Leitman Bailey & Dov Treiman

In a recent decision, the NY Court of Appeals handed down a decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino rewrites the rules of when a tenant simply gives up on the space.

Features

Drawing the Line Between Real Property and Personal Property In the UCC Image

Drawing the Line Between Real Property and Personal Property In the UCC

Barbara M. Goodstein

The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.

Features

Congress Expands SEC Powers Just In Time for New Administration Image

Congress Expands SEC Powers Just In Time for New Administration

Robert J. Anello & Richard F. Albert

Wall Street has greeted Gary Gensler's nomination as Chair of the SEC with some trepidation, perhaps with good reason. Congress, by contrast, may have presented him with a powerful signing bonus.

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