Events have moved swiftly and symptomatically lately in the Fifth Circuit. Long known as the circuit with the greatest skepticism of federal regulation of the economy, it turned its attention to the Corporate Transparency Act, which requires non-exempt companies to report the identity of their beneficial owners.
In a 72-page opinion, the U.S. Court of Appeals for the Third Circuit directed the Securities and Exchange Commission (SEC) to clarify for Coinbase Global Inc. “how and when the federal securities laws apply to digital assets” like cryptocurrencies and tokens.
This article first discusses the legal backdrop of the UK’s new strict liability law and then summarizes what companies need to know about the new UK guidance, with particular emphasis on the areas where it expands on the ECCP.
Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but, depending on specifics, can also lead to serious antitrust risks.
Although it remains to be seen to what extent the DOJ’s robust and aggressive approach to corporate enforcement will change in the forthcoming administration, companies should continue to take compliance seriously and make the necessary investments to prevent, detect and remediate misconduct.
it has become clear that there is a growing and more pronounced regulatory scrutiny of instant payment systems. As the financial system continues to innovate and improve efficiency, financial institutions are encouraged to adopt a risk-based approach and periodically update their sanctions compliance controls and related technology solutions to ensure that they remain commensurate with the sanctions risks presented by instant payment systems.
A follow up to the article on a briefing in 'Kousisis v. United States' before the U.S. Supreme Court that considers the viability of the fraudulent inducement theory. Arguments before the Court took place on Dec. 9, and the authors provide an update.
On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.
Automatic renewals have become a preferred method of goods and service delivery for many businesses, particularly in the context of e-commerce. The patchwork of state and federal laws and regulations makes absolute compliance a difficult proposition for many companies. In a purported effort to provide clarity to companies regarding their compliance obligations in this space, the FTC recently finalized its Rule Concerning Recurring Subscriptions and Other Negative Option Programs. While the Final Rule has reached the last stage of the FTC’s rulemaking process, questions remain.
