Features
Is a Federal Insider Trading Law Coming?
For decades the SEC and the Department of Justice, with the endorsement of federal judges, have used the general securities fraud statutes to patch together a complex and problematic insider trading common law. After years of criticism, however, that could now be changing.
Features
NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
Features
DOJ Looking to Develop New SEP Policies
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
Features
ESG Practices, Spurred By Pandemic, Will Play Role In Future of Real Estate Investment
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
Features
Second Circuit May Address SEC's 'Tolling Agreements' Tool
The U.S. Court of Appeals for the Second Circuit signaled last month that it may fully address, for the first time, the question of whether a decades-old change to federal law rendered a commonly used tool for extending U.S. Securities and Exchange Commission investigations unenforceable in federal court.
Features
Where Is the Consumer In Consumer Privacy Legislation?
In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.
Features
Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Features
Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Features
Novel TAA Claim Played Role In Agency's Suit Against Athlete
When NBA star Jimmy Butler's former sports agency sued him last year seeking a portion of the proceeds from a $5 million Nike endorsement contract, Butler's lawyer didn't just stick to playing defense.
Features
Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know
This article examines recent developments and trends concerning federal whistleblower programs that compliance officers need to know and provides best practices recommendations for ensuring that your company maintains a robust whistleblower and anti-retaliation program in light of increased whistleblower activity.
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