Regulation

  • It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases

    In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?

    November 01, 2019Joseph F. Savage Jr. and Christopher J.C. Herbert

  • SEC's Reboot on Waiver Requests in Enforcement Settlements

    SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.

    November 01, 2019Robert J. Anello and Richard F. Albert

  • The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

    Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.

    November 01, 2019Alan L. Friel

  • Business Crimes Hotline

    Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case

    November 01, 2019Juliet Gunev

  • Cybersecurity False Claims Act Cases: The Next Frontier

    A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.

    October 01, 2019Andrew Mohr and C. Kelly Kroll

  • Crowdfunding, Reg D and Reg A

    The New Routes for Access to Capital and the Potential Legal and Regulatory Risks Although the business community lauded the arrival of new crowdfunding laws, the enforcement community has had a different take on them. As stated in 2017 by then Deputy Attorney General Rod Rosenstein: "The potential downside of crowdfunding is that it occurs outside the watchful eye of a regulated banking and financial industry. Unregulated websites therefore provide a platform for criminals to defraud potential investors."

    October 01, 2019Jacqueline C. Wolff and Brian S. Korn

  • A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough

    Part Two of a Two-Part Article Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant's right to possess its premises pursuant to its lease and mortgage lender's security interest in that same premises. Part Two explains the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.

    October 01, 2019James O'Brien