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Challenge to SEC's Disgorgement Authority Reaches Supreme Court Image

Challenge to SEC's Disgorgement Authority Reaches Supreme Court

Jodi Misher Peikin & Jacob Mermelstein

The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.

Features

Uniform Voidable Transactions Act Signed Into Law in NY Image

Uniform Voidable Transactions Act Signed Into Law in NY

Thomas R. Slome, Michelle McMahon & Sophia Hepheastou

On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states. The Uniform Voidable Transactions Act (UVTA) primarily clarifies the rights and remedies of parties involved in transactions with financially distressed entities.

Features

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses Image

The Small Business Reorganization Act: A New Bankruptcy Law for Small Businesses

Zach Shelomith

The advantages of Chapter 11 bankruptcy are oftentimes unavailable to small businesses and its owners. The substantial disclosure and reporting requirements alone scare off many potential debtors. In response to this problem, Congress recently created the Small Business Reorganization Act of 2019.

Columns & Departments

In The Courts Image

In The Courts

Juliet Gunev

Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts

Features

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions Image

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions

Paige Ammons & Preston Burton

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however

Features

Sympathy for the Debtor? Not When It Comes to Student Loans Image

Sympathy for the Debtor? Not When It Comes to Student Loans

Rudolph J. Di Massa Jr. & Jarret P. Hitchings

The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.

Features

Can Artificial Intelligence Fix Security Issues? Image

Can Artificial Intelligence Fix Security Issues?

Nina Cunningham

There is great enthusiasm about what AI can do to promote better living conditions, evoking wisdom, providing business intelligence through deep analysis of behavior and habits, by signaling trends and anticipating demand. But there are other considerations as well. A critical one is cybersecurity.

Features

Unique Cyber Risks Faced By the Cannabis Industry Image

Unique Cyber Risks Faced By the Cannabis Industry

Victoria Hudgins

All companies face cybersecurity threats, but the legalized cannabis industry's storage of personally identifiable information and reliance on seed-to-sale tracking software can place it firmly within hackers' crosshairs.

Features

What Is the Appropriate Statute of Limitations Period for BIPA Claims? Image

What Is the Appropriate Statute of Limitations Period for BIPA Claims?

Sean Wieber, Patrick O'Meara & Eric Shinabarger

The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.

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