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Features
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.
Features
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
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?
Features
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.
Features
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.
Features
SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.
Features
Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
Columns & Departments
Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case
Features
Part One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
Features
A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.