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Analyzing the CCPA’s New Risk Assessment Requirement Image

Analyzing the CCPA’s New Risk Assessment Requirement

David Stauss & Shelby Dolen & TK Lively & Marlaina Pinto

Businesses subject to the CCPA now must conduct risk assessments for certain types of processing activities and, starting in 2028, must certify to California regulators that they completed the assessments.

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SEC Retreats from ‘Regulation By Enforcement’ Approach Image

SEC Retreats from ‘Regulation By Enforcement’ Approach

John Carney & Nikita Mistry

During his speeches and testimonies before the Senate, SEC Chairman Paul Atkins has retreated from the expansive “regulation by enforcement” approach of former SEC Chairman Gary Gensler and clarified that “policymaking will be done through notice and comment rulemaking.”

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FTC’s Withdrawal of Non-Compete Rule Doesn’t Mean the End of Regulating Employment Restrictions Image

FTC’s Withdrawal of Non-Compete Rule Doesn’t Mean the End of Regulating Employment Restrictions

Karen Hoffman Lent & Kenneth Schwartz

The FTC’s decision to abandon the Rule does not mean non-compete agreements will escape scrutiny under the Trump Administration. The agency has indicated a willingness to look for broad industry-wide issues in non-compete agreements.

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Courts Grapple With Whether Searches of Electronic Data At the Border Are ‘Routine’ or Non-Routine’? Image

Courts Grapple With Whether Searches of Electronic Data At the Border Are ‘Routine’ or Non-Routine’?

Elkan Abramowitz & Jonathan Sack

The Supreme Court has created a legal framework of Fourth Amendment rights at the border which distinguishes between “routine” and “non-routine” searches. The distinction creates uncertainty, espoecially when it comes to data on electronic devices.

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NY Court of Appeals Rules on SEQRA Standing for Property Owners Image

NY Court of Appeals Rules on SEQRA Standing for Property Owners

John C. Armentano

The NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.

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FTC Enforcement Under Trump’s AI Action Plan Image

FTC Enforcement Under Trump’s AI Action Plan

Brendan Pierson

The U.S. Federal Trade Commission’s recent decision to vacate its consent decree with Rytr, a company it had accused of offering an AI-powered product for writing fake customer reviews, offers a clue to how it will approach enforcement under President Donald Trump’s AI Action Plan, attorneys say.

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SEC Signals Reduction In Disclosure Requirements for Insider Trading and Cybersecurity Image

SEC Signals Reduction In Disclosure Requirements for Insider Trading and Cybersecurity

Dan Novak

The U.S. Securities and Exchange Commission should ease the disclosure requirements of public companies, including those related to insider trading and cybersecurity, SEC Commissioner Mark Uyeda said.

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DOJ and SEC Cross-Border Priorities Require Increased Vigilance for Multinational Organizations and Their Advisors Image

DOJ and SEC Cross-Border Priorities Require Increased Vigilance for Multinational Organizations and Their Advisors

Jonathan New & Patrick Campbell & Alaina Ciccone

Both federal agencies are aligning their enforcement priorities with the Administration’s foreign policy goals, signaling heightened scrutiny of cross-border misconduct and increased compliance expectations for multinational organizations and their auditors and advisers.

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The Criminal Tariff Enforcement Wave Is Coming Image

The Criminal Tariff Enforcement Wave Is Coming

Mark Bini & Daniel Ahn

Companies should mark their calendars now — expect criminal tariff evasion cases in 2026.

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The FCA As a Policy Instrument Image

The FCA As a Policy Instrument

Ellen M. Murphy & Edward V. Arnold & E. Scott Morvillo

Over the past year, the current administration has redefined the False Claims Act from a traditional anti-fraud statute into a highly flexible policy instrument to enforce its core agenda priorities.

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