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Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps Image

Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps

Jonathan B. New, Patrick T. Campbell, James A. Sherer & Luke E. Record

This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.

Features

Keeping Tabs On Antitrust Actions In Entertainment Industry Sectors Image

Keeping Tabs On Antitrust Actions In Entertainment Industry Sectors

Stan Soocher

The growth in size of companies dominating sectors of the entertainment industry has been subject to antitrust challenges with mixed results. What are some notable recent developments in this area?

Features

The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps Image

The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps

Jonathan B. New, Patrick T. Campbell, James A. Sherer & Luke E. Record

Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps. This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.

Features

Understanding the Supreme Court Cases that Didn't Destroy the Internet: 'Gonzalez v. Google' and 'Twitter v. Taamneh' Image

Understanding the Supreme Court Cases that Didn't Destroy the Internet: 'Gonzalez v. Google' and 'Twitter v. Taamneh'

Erick Franklund

The Internet is still standing, but the Supreme Court's reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.

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Do We Need A Title Theft Statute? Image

Do We Need A Title Theft Statute?

Stewart E. Sterk

Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft" in New York. The state Attorney General has championed a statute, now introduced in the state legislature, making "Property Theft" a crime. Would the statute be helpful?

Features

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad? Image

Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad?

Lauren Gregory Leipold

The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.

Features

Despite Rhetoric On Individual Accountability, Recent FCPA Enforcement Has Targeted Entities Image

Despite Rhetoric On Individual Accountability, Recent FCPA Enforcement Has Targeted Entities

Robert J. Anello & Richard F. Albert

With ample bravado, in recent years the FCPA unit of the DOJ and the SEC have proclaimed that holding individuals accountable for foreign bribery schemes is of "critical importance," with the FCPA saying "it is unambiguously this department's first priority" to prosecute individuals in corporate criminal matters. Reviewing the enforcement record, however, one sees that the volume of FCPA enforcement activity with respect to individuals has steadily declined in the last three years.

Features

The Fed Worries About Bank CRE Loans for a Good Reason Image

The Fed Worries About Bank CRE Loans for a Good Reason

Erik Sherman

The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.

Features

AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2 Image

AI Regulation In the U.S.: What's Coming, and What You Need to Do, Part 2

Kim Peretti, Dan Felz & Alysa Austin

Part Two of a Two-Part Article In Part One, last month, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two continues the discussion on potential federal AI regulation and what companies can do to prepare.

Features

SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto Image

SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto

Cassandre Coyer

Digital assets have created a jurisdictional tug of war between the SEC and the CFTC over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.

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