Features

National Cybersecurity Strategy: Potential Impacts to Consider
What are the impacts to civil society and government if the plan works? We should consider that "collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions" will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.
Features

New York City's Guaranty Law Invalidated
New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.
Features

Potential Legal Pitfalls for Public Companies Due to SEC's New Cybersecurity Rules
Some 16 months after first proposing rules for public companies and investment advisors, the SEC adopted new rules, chief among them that public companies disclose material cybersecurity breaches to investors within four days.
Features

Crypto Winter Leads to Explosion of Regulatory Activity
In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
Features

The Future of IRS Summonses After Supreme Court 'Poselli' Ruling
In Polselli v. Internal Revenue Service, the U.S. Supreme Court unanimously refused to limit the IRS's ability to issue summonses without notice to situations in which it seeks records of accounts in which a delinquent taxpayer has an interest. This article discusses the court's decision, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.
Features

Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story
Many of the Biden Administration's antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means…
Features

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers
The Biden administration's efforts to establish environmental, social, and corporate governance requirements on corporations has drawn scorn from Republican lawmakers even as companies learn to navigate the ESG initiative with an unclear regulatory framework.
Features

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures
Regulators cranking up scrutiny of digital-payment platforms after fund-access and customer service problems in recent years are now broadening their gaze into what happens if they collapse. That's placing additional pressure on these fintech platforms to improve customer disclosures and possibly even find new ways to backstop against potential insolvency.
Features

Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps
This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
Features
Keeping Tabs On Antitrust Actions In Entertainment Industry Sectors
The growth in size of companies dominating sectors of the entertainment industry has been subject to antitrust challenges with mixed results. What are some notable recent developments in this area?
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