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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies Image

New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies

David A. Holley

An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.

Features

New York's Latest Cybersecurity Commitment Image

New York's Latest Cybersecurity Commitment

Erik B. Weinick

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Features

The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier? Image

The EU-U.S. Data Privacy Framework: Did Transferring Personal Data from the EU to the U.S. Just Get Easier?

Wim Nauwelaerts

Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.

Features

10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public Companies Image

10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public Companies

Megan Silverman

By readying your company's cybersecurity program now to comply with the SEC's cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company's cybersecurity program.

Features

DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs Image

DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs

Fotis Konstantinidis, Michael Pace & Jason Wright

This article explains the DOJ's recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.

Features

White-Collar Practitioners Weigh In On Defending Trump Indictments Image

White-Collar Practitioners Weigh In On Defending Trump Indictments

Brad Kutner

They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.

Features

SCOTUS: Courts Should Avoid Assigning 'Breathtaking' Scope to White-Collar Crime Statutes Image

SCOTUS: Courts Should Avoid Assigning 'Breathtaking' Scope to White-Collar Crime Statutes

Robert J. Anello & Richard F. Albert

The Supreme Court's Dubin decision is another worthy entrant in the long running series of SCOTUS decisions applying judicial restraints where prosecutors seem unable to restrain themselves.

Features

FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition Image

FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition

Maydeen Merino

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed merger guidelines that reflect the Biden administration's aggressive enforcement approach to corporate acquisitions that considers not only their effect on competition but on the labor market, antitrust attorneys said.

Features

Guaranty Law Invalidated Image

Guaranty Law Invalidated

Deborah E. Riegel

Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,

Features

New FTC Guidelines for Social Media Influencers Image

New FTC Guidelines for Social Media Influencers

Brad Kutner

Internet celebrities with big social-media followings are often approached for advertising and marketing deals, and the money flowing from these third-party arrangements can be in the millions. But the Federal Trade Commission (FTC) moved to update the guidelines for those who profit from such arrangements, and lawyers are saying the new rules involve big but unsurprising changes.

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