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Regulation

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SEC Tightens Rules on Scheduling Trades In Advance Image

SEC Tightens Rules on Scheduling Trades In Advance

Maria Dinzeo

General counsel may find themselves pulled into difficult conversations with top executives as the Securities and Exchange Commission tightens its rules on company insiders looking to dump their stock.

Features

Copyright Claims Board: Now Entering the "Active Phase" Image

Copyright Claims Board: Now Entering the "Active Phase"

Michelle Davis

2023 is shaping up to be a big year for small claims. Since making its debut in June of 2022, the Copyright Claims Board (CCB) has received over 250 claims, and at least 11 have made it to the "active phase," with more on the way. Active phase means a respondent was served, failed to "opt out," and now the esteemed three-member tribunal of copyright experts may finally get a chance to make some rulings.

Features

Court Declines to Block Retroactive Application of HSTPA Image

Court Declines to Block Retroactive Application of HSTPA

Randi Beth Gilbert, Richard T. Walsh, Jillian N. Bittner, & Niles C. Welikson

The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords' incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.

Features

Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases Image

Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases

Robert J. Anello & Richard F. Albert

Despite the broad language of the Espionage Act, the DOJ has faced significant hurdles in pursuing prosecutions outside the traditional espionage context, and particularly where the alleged foreign agent's activity involves ostensibly legitimate international business dealings.

Features

The NFT Market and Fallout from the FTX Scandal Image

The NFT Market and Fallout from the FTX Scandal

Mark Cianci, Charles Humphreville, Kelley Chandler & Ty Owen

The FTX bankruptcy scandal that has shaken the largely unregulated cryptocurrency world has slowed but isn't likely to end the roll-out of celebrity-related, non-fungible digital token (NFT) offerings. But how might the FTX story impact a push for federal regulation of the NFT market?

Features

Cryptocurrency: Rich In Investment Opportunity; Ripe for Fraud Schemes Image

Cryptocurrency: Rich In Investment Opportunity; Ripe for Fraud Schemes

Melissa Davis & Mark Parisi

The recent implosion of FTX Trading leaves investors and their advisers wondering whether any crypto investment is safe. There have been dozens of cryptocurrency-related fraud schemes in recent years including Ponzi schemes and investment schemes using crypto and the blockchain to facilitate the fraud scheme.

Features

Are You Ready for Europe's New Patent System? Image

Are You Ready for Europe's New Patent System?

Marianne Schaffner & Thierry Lautier

In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.

Features

What the SEC May Be Signaling Through Its Approach to NFTs and F-NFTs Image

What the SEC May Be Signaling Through Its Approach to NFTs and F-NFTs

Mark Cianci, Charles Humphreville, Kelley Chandler & Ty Owen

Recent actions by the U.S. Securities and Exchange Commission (SEC), together with certain statements by SEC commissioners, may indicate a shift in approach toward a rebuttable presumption that digital assets are securities, without deference to formal legal tests.

Features

Impact of 'Hoskins' Cases on the FCPA and White-Collar Law Image

Impact of 'Hoskins' Cases on the FCPA and White-Collar Law

Elkan Abramowitz & Jonathan Sack

This article examines the impact of Hoskins on three issues of importance to white-collar practitioners: the scope of the FCPA; the interpretation of white-collar criminal statutes; and the authority of the district court to consider at the outset of a prosecution threshold questions of the reach of the law to foreign individuals.

Features

Criminal Considerations and Federal Authorities In Trade Secrets Disputes Image

Criminal Considerations and Federal Authorities In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft. Part Three concludes the series with a look at the potential consequences in approaching federal authorities on trade secrets theft.

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