Features

Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement
The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.
Features

What You Need to Know About China's New Privacy Law
The Personal Information Protection Law of the People's Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.
Features

Can A Private Citizen Perform An Official Act?
This article discusses the importance of the "official act" requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.
Features

Being Selective: How Companies May Best Protect Privilege When Cooperating With a Government Investigation
This article explores a key consideration for companies under government investigation: whether voluntary disclosure of privileged information in an effort to obtain cooperation credit waives the privilege vis-à-vis third parties in subsequent litigation.
Features

New State Statutes and Federal Guidelines Create Basket Weave of Cybersecurity Compliance
The U.S. doesn't have a federal cybersecurity law, but that doesn't mean there is no cybersecurity industry standard. There are regulations, case law, guidelines and state laws that, when combined, create an industry standard applicable to almost all business sectors.
Features

New York Cannabis Law's Lease Mandate Catch-22
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
Features

Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge
A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.
Features

Ransomware Insurance: Understanding the Developing Legal & Regulatory Landscape
In light of the ever-growing ransomware threat, it is important to understand the developing legal and regulatory landscape in order to take the proper steps at the first sign of an attack, including getting the insurance company involved immediately.
Features

Disclosure of Investigations: Whether and When for Public Companies
You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.
Features

Smoke & Mirrors: The New York Cannabis Law's Illusory Lease Mandate
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
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