Features

Compliance Officers: Law Enforcement Partners or Targets?
<b><i>Part One of a Two-Part Article</b></i><p>Part One of this article examines key actions brought by U.S. regulators against compliance officers in 2017 based on their failures to ensure that their firms maintain effective compliance and AML programs.
Features

Another Virtual Currency Player Charged with Fraud by CFTC
The enforcement action alleges that Las Vegas-based My Big Coin Pay Inc., a virtual currency wallet and platform, misappropriated more than $6 million from its customers for “personal expenses and the purchase of luxury goods.”
Features

Recreational Marijuana in New Jersey
<b><i>Real Estate and Other Issues Will Need Consideration</b></i><p>Given NJ Governor Phil Murphy's campaign pledge to legalize marijuana for recreational use in his first 100 days, the state is on the cusp of a major new revenue stream-recreational marijuana.
Features

Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry
Last year, the FTC released a staff report on Cross-Device Tracking, which added to the FTC's efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user's Internet-viewing behavior over time and across non-affiliate websites. Cross-device tracking is the logical next step for this technology.
Features

Password-Sharing May Be a Federal Crime under the Muddied Waters of the CFAA
The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person accesses…
Features

The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Features

From Tension to Success: Broker-Owner Relationships in Retail Leasing
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Features

Lender's Choice In Naming Defendants Is Under Assault
Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
Columns & Departments
Case Notes
Trial Required to Disprove Malice<br>Court Upholds Conditions Imposed on Zoning Variance<br>Lease Identified<br>Notice of Termination Not Defective for Being Sent By Attorney<br>Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons
Features

Regulators are Catching Up to Cryptocurrency and Blockchain Technology within the Financial Services Industry
<b><i>Part Two of a Two-Part Article</b></i><p>The proliferation of cryptocurrency and blockchain is being driven by the efficiencies and protections afforded to early adopters. The operational efficiencies and resulting cost savings are readily apparent in the financial services industry and are equally coveted by the entities trying to implement them and by the customers who will benefit from the implementation. However, neither party can fully enjoy these benefits without first understanding and overcoming the various regulatory hurdles.
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