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Regulation

Features

Can Regulation Provide Stability Through 'Cryptocurrency Winter'? Image

Can Regulation Provide Stability Through 'Cryptocurrency Winter'?

Sean J. Coughlin & Vivian B. Isaboke

It comes as no surprise as we enter the second half of the year that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article examines the impact of cybercrimes and crypto bankruptcies on the current market.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

FTC Looks to Focus On Data Privacy and Competition Image

FTC Looks to Focus On Data Privacy and Competition

Isha Marathe

The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

Features

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds Image

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds

Andrew Goudsward

The U.S. Securities and Exchange Commission's widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.

Features

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts Image

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts

Erik Sherman

Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.

Columns & Departments

Upcoming Webinar Image

Upcoming Webinar

ssalkin

Join Board of Editors member Jacqueline Wolff and David Smith of Manatt, Phelps & Phillips on Oct. 13 as they delve into the new SEC disclosure rules on climate change risks.

Features

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage Image

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage

Patrick T. Campbell, Jonathan B. New & Francesca A. Rogo

Over the past few years, Congress and law enforcement have notably increased their scrutiny of companies' anti-money laundering compliance, and it appears that Congress is not yet finished with its drive for additional legislation and regulation.

Features

Update On Preference and Fraudulent Transfer Litigation Image

Update On Preference and Fraudulent Transfer Litigation

Michael L. Cook

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

Features

New Securities Suits Up Slightly, Despite Stock Drops Image

New Securities Suits Up Slightly, Despite Stock Drops

Ross Todd

Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.

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