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Guaranty Law Invalidated Image

Guaranty Law Invalidated

Deborah E. Riegel

Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,

Features

New FTC Guidelines for Social Media Influencers Image

New FTC Guidelines for Social Media Influencers

Brad Kutner

Internet celebrities with big social-media followings are often approached for advertising and marketing deals, and the money flowing from these third-party arrangements can be in the millions. But the Federal Trade Commission (FTC) moved to update the guidelines for those who profit from such arrangements, and lawyers are saying the new rules involve big but unsurprising changes.

Features

National Cybersecurity Strategy: Potential Impacts to Consider Image

National Cybersecurity Strategy: Potential Impacts to Consider

Daron Hartvigsen

What are the impacts to civil society and government if the plan works? We should consider that "collecting intelligence, imposing economic costs, enforcing the law, and, conducting disruptive actions" will work by some measure, and if so, the impacts to the cybersecurity ecosystem could be profound.

Features

New York City's Guaranty Law Invalidated Image

New York City's Guaranty Law Invalidated

Deborah E. Riegel

New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.

Features

Potential Legal Pitfalls for Public Companies Due to SEC's New Cybersecurity Rules Image

Potential Legal Pitfalls for Public Companies Due to SEC's New Cybersecurity Rules

Tommy Smith

Some 16 months after first proposing rules for public companies and investment advisors, the SEC adopted new rules, chief among them that public companies disclose material cybersecurity breaches to investors within four days.

Features

Crypto Winter Leads to Explosion of Regulatory Activity Image

Crypto Winter Leads to Explosion of Regulatory Activity

Mark Bini, Kaela Dahan & Victoria Jaus

In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.

Features

The Future of IRS Summonses After Supreme Court 'Poselli' Ruling Image

The Future of IRS Summonses After Supreme Court 'Poselli' Ruling

Jeremy H. Temkin

In Polselli v. Internal Revenue Service, the U.S. Supreme Court unanimously refused to limit the IRS's ability to issue summonses without notice to situations in which it seeks records of accounts in which a delinquent taxpayer has an interest. This article discusses the court's decision, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.

Features

Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story Image

Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story

Jennifer Fischell & Thomas Schubert

Many of the Biden Administration's antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means…

Features

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers Image

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers

Maydeen Merino

The Biden administration's efforts to establish environmental, social, and corporate governance requirements on corporations has drawn scorn from Republican lawmakers even as companies learn to navigate the ESG initiative with an unclear regulatory framework.

Features

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures Image

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures

Chris O'Malley

Regulators cranking up scrutiny of digital-payment platforms after fund-access and customer service problems in recent years are now broadening their gaze into what happens if they collapse. That's placing additional pressure on these fintech platforms to improve customer disclosures and possibly even find new ways to backstop against potential insolvency.

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