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Regulation

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Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions Image

Less Isn't Always More: 1001(a)(1) Concealment Charges in Voluntary Disclosure Submissions

Paige Ammons & Preston Burton

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however

Features

Sympathy for the Debtor? Not When It Comes to Student Loans Image

Sympathy for the Debtor? Not When It Comes to Student Loans

Rudolph J. Di Massa Jr. & Jarret P. Hitchings

The assumption that bankruptcy can't relieve a borrower of student loan obligations is incorrect, however a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.

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Can Artificial Intelligence Fix Security Issues? Image

Can Artificial Intelligence Fix Security Issues?

Nina Cunningham

There is great enthusiasm about what AI can do to promote better living conditions, evoking wisdom, providing business intelligence through deep analysis of behavior and habits, by signaling trends and anticipating demand. But there are other considerations as well. A critical one is cybersecurity.

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Unique Cyber Risks Faced By the Cannabis Industry Image

Unique Cyber Risks Faced By the Cannabis Industry

Victoria Hudgins

All companies face cybersecurity threats, but the legalized cannabis industry's storage of personally identifiable information and reliance on seed-to-sale tracking software can place it firmly within hackers' crosshairs.

Features

What Is the Appropriate Statute of Limitations Period for BIPA Claims? Image

What Is the Appropriate Statute of Limitations Period for BIPA Claims?

Sean Wieber, Patrick O'Meara & Eric Shinabarger

The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.

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The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out Image

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out

Alan L. Friel

Part Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.

Features

It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases Image

It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases

Joseph F. Savage Jr. & Christopher J.C. Herbert

In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?

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Kuzmich et al. v. 50 Murray Street Acquisition LLC: A Deal Gone Bad for Developers Who Helped Revitalize Lower Manhattan Image

Kuzmich et al. v. 50 Murray Street Acquisition LLC: A Deal Gone Bad for Developers Who Helped Revitalize Lower Manhattan

Alexander Lycoyannis

In Kuzmich et al. v 50 Murray Street Acquisition LLC, the Court of Appeals held that apartments in buildings receiving tax benefits under Real Property Tax Law (RPTL §421-g) are not eligible for luxury deregulation under the Rent Stabilization Law (RSL), unlike most other rent-stabilized apartments.

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New Study Shows Which States Lead in Privacy Protection Laws Image

New Study Shows Which States Lead in Privacy Protection Laws

Sue Reisinger

General counsel who navigate the mishmash of state privacy laws may relate to a new study showing that individual U.S. states' privacy statutes are spread across a broad spectrum.

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