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Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
Congress enacted the Anti-Money Laundering Act of 2020 (AMLA) in January of this year, and much has been written about how it constitutes the most significant change to the U.S. anti-money laundering regime since the passage of the USA Patriot Act almost 20 years ago. However, one provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Section 6308 of the AMLA expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents based on prohibitions under local banking laws and regulations. An open issue, however, is whether §6308 was intended to upend traditional processes designed to respect the sovereignty of foreign nations. We think it does not — and should not — and we discuss our reasons here.
The USA Patriot Act
Section 5318 of the USA Patriot Act, enacted in the wake of the 9/11 attacks, granted the Treasury and DOJ the power to subpoena any foreign bank that maintains a correspondent account in the United States and to request records "related to such correspondent account," including records maintained abroad. The foreign bank recipient of a subpoena under §5318 could, in response, move to quash the subpoena by arguing that compliance with it would violate the law of the jurisdiction from which the documents were sought.
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Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
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While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.