Regulation

Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware

Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?

Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.

The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.

Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.

Colorado recently adopted a new law expanding companies' obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted in this article.

In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.

Emerging technologies and regulations have the power to create, shape or kill businesses. For the entertainment industry, the European Union's (EU) General Data Protection Regulation (GDPR) and blockchain technology each embody forces that have the potential for profound impact. Taken in tandem, the GDPR and blockchain highlight the possibilities and pitfalls of disruption and the importance of cross-organizational collaboration in compliance and innovation initiatives.

Part Two of a Two-Part Article

Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).