Unchargeable Conduct
November 01, 2024
Until the U.S. Sentencing Commission closes the unchargeable conduct loophole — or until the U.S. Supreme Court intervenes — criminal defense practitioners would be wise to take prophylactic action to protect their clients during plea negotiations. Setting forth the permissible bounds of "relevant conduct" in plea agreements can help avoid 11th-hour surprises for the defense.
Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights
October 01, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.
Impact of Supreme Court's Ruling On Expert Intent Testimony In 'Diaz v. United States'
October 01, 2024
The Supreme Court held that expert testimony in a criminal case, as to whether "most people" similar to the defendant have a particular mental state, does not run afoul of the Federal Rule of Evidence's prohibition against expert opinion evidence about whether a criminal defendant had or lacked the mental state required for conviction. Particularly in white-collar cases, where the defendant's intent is often the central disputed issue, the implications of Diaz may be far-reaching.
FTC Noncompete Ban Blocked By Federal Court
October 01, 2024
Regardless of whether the FTC's Final Rule ever becomes effective, that will not impact the growing number of state laws that regulate noncompetes and other types of restrictive covenants, meaning that the overall issue of restrictive covenant strategy and compliance remains alive for nearly all employers, even while the Final Rule is currently set aside.
Landscape for Legislative Protections Against AI Voice Scams
October 01, 2024
Tools have been developed to perform vocal cloning, leading to vocal deepfakes becoming a common source of scams and misinformation. And these issues have only been exacerbated by a lack of appropriate laws and regulations to rein in the use of AI and protect an individual's right to their voice.
LJN Quarterly Update: 2024 Q3
October 01, 2024
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Avoiding Ad Fraud In Class Notice
September 01, 2024
Digital ad fraud involves deceptive practices where fraudulent actors exploit automated advertising systems to drain ad budgets, skew campaign metrics and diminish campaign effectiveness. As the sophistication of ad fraud techniques increases, it is crucial to partner with trained marketing professionals who are vigilant in managing and protecting their campaigns.
