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"Op-ed: Prepare for the coronavirus scams: Learning from post-9/11 fraud" by Daniel R. Alonso (Daily News)
On the morning of Sept. 11, 2001, Beatrice Kaufman sat in her Hamptons house watching the Twin Towers collapse. Although she lived and worked in Manhattan, her 6,000-square-foot apartment was being renovated, so she stayed at her country home instead. But that did not stop her from filing papers...
Articles"CARES Act increases oversight and criminal investigations" by Daniel R. Alonso (Bloomberg Law)
The CARES Act will infuse more than $2 trillion into the U.S. economy — the largest such action in history. But if history is any guide, wherever there is a big pot of money, some people will look to steal it. Some desperate individuals might misrepresent their eligibility for unemployment benefits...
Articles"Financial regulators’ dilemma: Administrative and regulatory hurdles to innovation" by Jeremiah S. Buckley and Sasha Leonhardt (Business & Finance Law Review)
Developments in financial technology hold great promise to enhance the quality, delivery, and reach of consumer financial services. However, many of the laws dictating the operations of financial regulators are more than 50 years old, and in drafting these laws Congress understandably did not...
Articles"Will private flood insurance keep mortgages from going underwater?" by Melissa Klimkiewicz, Brandy A. Hood, and Sara Ruvic (HousingWire)
Spoiler: We aren’t certain whether private flood insurance will help homes retain their value, but we do know that the new flood insurance rules are presenting surprising challenges for lenders. For years, homeowners in high flood-risk areas have relied on subsidized flood insurance that the...
Articles"Preparing for private right of action under Calif. privacy law" by Amanda R. Lawrence and Michael A. Rome (Law360)
The California Consumer Privacy Act went into effect at the beginning of this year, and while the California attorney general will not begin enforcing it until July, the private right of action that the CCPA created is available to consumers now. The CCPA expressly provides for a private right of...
Articles"5 FCA enforcement predictions after Coronavirus relief bill" by Andrew W. Schilling (Law360)
On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act. Although the False Claims Act is not mentioned in this stimulus bill, the implications of the act on FCA enforcement are likely to be significant. Click here to...
Articles"This message will self-destruct in 5 seconds" by Scott T. Sakiyama (Corporate Compliance Insights)
Howard Baker’s quote – “it is almost always the cover-up rather than the event that causes trouble” – has taken on significance in recent cases involving e-discovery and electronic messaging. Courts increasingly view the preservation of communications as a rote, ordinary-course business practice...
Articles"Getting the cash out of cannabis" by Benjamin W. Hutten (Bloomberg Law)
States began legalizing cannabis businesses in 1996, and, ever since, Congress and financial regulators have grappled with how to bank the cannabis industry—so far with little success. Most of the billions of dollars in annual cannabis sales are still in cash, putting the industry and its employees...
Articles"The truth about the California Consumer Privacy Act: Debunking three common misconceptions" by Amanda R. Lawrence, Moorari K. Shah, Sherry-Maria Safchuk, and Doris Yuen (Equipment Leasing & Finance Magazine)
The highly-anticipated California Consumer Privacy Act (CCPA) took effect on Jan. 1, 2020, and many businesses are scrambling to understand the applicability of the CCPA’s expansive obligations. The CCPA provides California consumers with the following rights: The right to know and access the...
Articles"Mitigating crypto UDAAP risk after Ripple ICO ruling" by Ali M. Abugheida (Law360)
Cryptocurrency advocates have long argued that cryptocurrencies are not securities, and therefore not subject to state and federal securities laws. But a district court in California just shed light on whether advocates’ desired outcome also carries a substantial downside: application of state and...
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