Regulation

  • Scared of Your Clients' Involvement With Cryptocurrency?

    Given the rapid expansion of interest and participation in cryptocurrency transactions, it's not a matter of whether you have an interest in crypto, think it's all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.

    May 01, 2021Ross Benson and Robert N. Driscoll

  • Telehealth: The Wave of the Future for Both Medicine and Enforcement

    The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.

    May 01, 2021Jacqueline C. Wolff and Michael Herrmann

  • Corporate ESG Integration Not Optional

    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.

    April 01, 2021Alexandra Poe and Bryan Sillaman

  • California Privacy Protection Agency Roster Set

    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.

    April 01, 2021Mike Scarcella

  • Congress Leaves SEC Subject to Litigation Over Disgorgement

    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.

    April 01, 2021Sarah Aberg and Chris Bosch

  • Can Landlords and Tenants Stipulate to Rent Regulation?

    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.

    March 01, 2021Jeffrey Turkel

  • Telehealth Enforcement: Is It the Next Big Thing?

    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.

    March 01, 2021Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta

  • Anti-Money Laundering Enforcement Update

    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.

    March 01, 2021Kyle R. Freeny and Benjamin G. Greenberg

  • NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements

    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.

    March 01, 2021Adam Leitman Bailey and Dov Treiman