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Regulation

  • The consumer agency has taken the view that advertisement — without proper disclosures — can mislead consumers. The agency has previously put the burden of ensuring proper disclosure on the brands. On April 19, the FTC turned its attention downstream to the "influencers" themselves.

    May 02, 2017C. Ryan Barber
  • Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.

    May 02, 2017Joseph M. McLaughlin and Yafit Cohn
  • The FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.

    April 02, 2017Lora Hollien
  • Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…

    April 02, 2017Devika Kornbacher, Scott Breedlove, Janice Ta and Aislinn Affinito
  • This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.

    April 02, 2017Sandra Feldman
  • The International Professional Practices Framework released last year by the IIA is intended to provide guidance for internal auditors, by seeking to focus on core principles. The framework identifies 10 core principles that describe or guide what an effective internal audit function should focus upon and to what it should adhere.

    April 02, 2017William Floyd
  • Courts Check Government Attempts to Extend the Statute of Limitations

    Part Two of a Two-Part Article

    When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.

    April 02, 2017Jonathan B. New and Marco Molina
  • Law firms must be diligent about their information security — not just via protection through technology, but by training staff on what to look for and how to react to cybersecurity threats. Most security breaches arise out of human error or negligence. Educating users is one of the best defenses.

    April 02, 2017Michael Kemps and Kimberly Pease
  • While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.

    April 01, 2017Joseph F. Savage, Jr. and Stephanie M. Aronzon
  • Most real estate practitioners are well acquainted with the Yellowstone injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. But the third Yellowstone prong — timeliness of the motion — is especially important.

    April 01, 2017Alexander Lycoyannis