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Regulation

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Protecting Privacy and Sensitive Data In Era of Neurotechnologies Image

Protecting Privacy and Sensitive Data In Era of Neurotechnologies

Frances Green, Paul DeMuro & Eleanor Chung

Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.

Features

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI? Image

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?

Leo Tsao, Robert Luskin & Corinne Lammers

Given the DOJ's limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.

Features

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud Image

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud

Julie Potts

While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.

Features

What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director  Image

What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director 

Maria Dinzeo

Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel

Features

Worldwide Regulations Increasing Compliance Challenges Image

Worldwide Regulations Increasing Compliance Challenges

Chris O'Malley

Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.

Features

China Finalizes New Regulations to Relax Personal Data Exports from China Image

China Finalizes New Regulations to Relax Personal Data Exports from China

Lindsay Zhu, Scott Warren, Haowen Xu & Charmian Aw

Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.

Features

Lessons for CISOs from the SolarWinds Breach and SEC Enforcement Image

Lessons for CISOs from the SolarWinds Breach and SEC Enforcement

Daniel Garrie, David Cass & Jennifer Deutsch

In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.

Features

Is Genetic Information the Next Privacy Battleground? Image

Is Genetic Information the Next Privacy Battleground?

Jeffrey N. Rosenthal & Amanda M. Noonan

GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.

Features

OFAC, Commerce, and DOJ Emphasize Pursuit Of Enforcement Actions Against Non-U.S. Persons and Entities Image

OFAC, Commerce, and DOJ Emphasize Pursuit Of Enforcement Actions Against Non-U.S. Persons and Entities

Harry Sandick & Sarah Hardtke

The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.

Features

NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble? Image

NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?

Howard Mulligan

With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.

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