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.
March 01, 2021Robert J. Anello and Richard F. Albert
New York Gov. Andrew Cuomo's executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.
March 01, 2021Frank ReadyThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
February 01, 2021Brandon Leahy Susanna Lichter and Eva YinBy further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.
January 01, 2021Jack O'ConnorThe holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.
January 01, 2021Robert J. Anello and Richard F. AlbertThe Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
December 01, 2020Elkan Abramowitz and Jonathan S. SackIn recent months, the U.S. Department of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
November 01, 2020Jonathan B. New, Jimmy Fokas, Patrick T. Campbell and Bari R. NadwornyAmerica and the EU continue altering data privacy frameworks for businesses.
November 01, 2020Rebecca Perry"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.
November 01, 2020Steven A. CashIn recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
November 01, 2020Harry Sandick and Ian Eppler
