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How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate Image

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate

Erik Sherman

After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.

Features

Cyber-Insecurity: Will the Looming Regulatory Crackdown on Cybersecurity Practices Help Protect Financial Institutions from Attack? Image

Cyber-Insecurity: Will the Looming Regulatory Crackdown on Cybersecurity Practices Help Protect Financial Institutions from Attack?

Lori Van Auken & Adam Jamieson

A slew of new regulations targeting the cybersecurity practices of financial institutions will come into effect during 2022. But will they have any real bearing on protecting financial firms from attack?

Features

The Rise of False Claims Act Cybersecurity Litigation Image

The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

Features

Artist's Talent Agencies Act Claim In CA Doesn't Bar Personal Managers' NY Lawsuit Image

Artist's Talent Agencies Act Claim In CA Doesn't Bar Personal Managers' NY Lawsuit

Stan Soocher

What happens if a personal manager files a lawsuit in a court outside of California against a talent client who has raised a California Talent Agencies Act claim in California?

Features

Litigating Redesigns At the ITC Image

Litigating Redesigns At the ITC

Frank Liu, Dustin Ferzacca & Gwen Tawresey

An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

Features

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation Image

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

Features

Examining the SEC's Rulemaking Process Image

Examining the SEC's Rulemaking Process

Jonathan S. Sack & Penina Moisa

SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.

Features

DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating Image

DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating

Kevin Muhlendorf

Although billed as an annual look-back, the U.S. Department of Justice Criminal Division's Fraud Section annual report provides important insight for individuals, entities, and their lawyers as to where the Fraud Section is setting its sights for 2022 and beyond.

Features

Clarity on Patent Eligibility Law Could Be Coming In 2022 Image

Clarity on Patent Eligibility Law Could Be Coming In 2022

Scott Graham

The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.

Features

Mail and Wire Fraud Post 'Kelly v. United States' Image

Mail and Wire Fraud Post 'Kelly v. United States'

Elkan Abramowitz & Jonathan S. Sack

This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.

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