Articles
Filter
"Less isn’t always more: 1001(a)(1) Concealment charges in voluntary disclosure submissions" by Paige Ammons and Preston Burton (Business Crimes Bulletin)
In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability under 18 U.S.C. §1001, and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated...
Articles"Website cookies and privacy—GDPR, CCPA, and evolving standards for online consent" by Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (Bloomberg Law)
Virtually all companies with high-traffic websites use cookies to track visitors’ online experience, but global best practices in disclosing the use of cookies—and obtaining visitors’ consent to their use—have proven elusive despite intense scrutiny from privacy advocates. With requirements varying...
Articles"BankThink: Congress needs to hurry up on data protection" by Jeremiah S. Buckley (American Banker)
Data is the lifeblood of the burgeoning digital economy. The debate about its use — and its protection — is now playing out globally. As big data, artificial intelligence and machine learning increasingly shape everyday lives, Congress will have some important policy choices to make, weighing how...
Articles"Night of the living SEC injunction" by Matthew E. Newman and Lauren R. Randell (Law360)
Just in time for Halloween, a decision by the U.S. Court of Appeals for the Third Circuit raises the specter that conduct once considered time-barred can return from the dead to haunt defendants in the securities industry. The case, U.S. Securities and Exchange Commission v. Gentile, further...
Articles"A new era of FCRA scrutiny for consumer data furnishers" by Jessica L. Pollet and Frida Alim (Law360)
Furnishers provide information to consumer reporting agencies on over 1.3 billion consumer credit accounts or other tradelines each month, with the three largest national consumer reporting agencies holding the personal information of over 200 million consumers. Given the extent of the consumer...
Articles"SEC invokes '120-day' rule to enhance award to internally reporting whistleblower despite digital realty" by Christopher F. Regan, Thomas A. Sporkin, Timothy J. Coley, and Jessica M. Shannon (ABA White Collar Crime Committee Newsletter)
The Securities and Exchange Commission recently approved a $4.5 million whistleblower award, the first issued under its rule governing internal whistleblowing and its first since the Supreme Court’s decision last year in Digital Realty Trust, Inc. v. Somers . Digital Realty held that employees who...
Articles"Email notice lessons from 7th Circ. debt collection ruling" (Lavallee v. Med-1 Solutions LLC) by Marshall T. Bell and John C. Redding (Law360)
Consumers increasingly expect to have access to information and the ability to conduct business at the time and place of their choosing, whether shopping for goods and services or managing their finances. Often, that means they expect service providers to communicate with them by email, text or...
Articles"Banks need to prep for OFAC Cuban ‘U-Turn’ exception limits" by Benjamin W. Hutten (Bloomberg Law)
The Department of the Treasury’s Office of Foreign Assets Control recently announced changes to its Cuba sanctions intended to further financially isolate the Cuban government. Most importantly, OFAC will effectively rescind the “U-Turn,” an exception to the Cuban embargo that allowed U.S. banks to...
Articles"Commercial lenders brace for consumer-style disclosures in California and beyond" by Clinton R. Rockwell, Kathryn L. Ryan, Moorari K. Shah, and Frida Alim (Equipment Leasing & Finance Magazine)
In September 2018, California became the first state to enact commercial financing legislation requiring consumer-style disclosures similar to those required for consumer loans under the federal Truth in Lending Act (TILA) and Regulation Z. Senate Bill 1235, the common shorthand for the new statute...
Articles"Wearables present new realm of legal risks for teams" by Elizabeth E. McGinn, Jonathan D. Jerison, and John B. Williams, III (Sports Business Journal)
Reaching peak athletic performance is an increasingly scientific and quantitative pursuit, and professional sports franchises, which have tremendous financial and emotional motivation to be the best, are at the forefront in gathering as much data about their assets as possible. FitBits, Apple...
Articles