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Regulation

Features

Update On Preference and Fraudulent Transfer Litigation Image

Update On Preference and Fraudulent Transfer Litigation

Michael L. Cook

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

Features

New Securities Suits Up Slightly, Despite Stock Drops Image

New Securities Suits Up Slightly, Despite Stock Drops

Ross Todd

Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.

Features

Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act Image

Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act

Rita W. Garry

While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.

Features

Not Just Your Same Old Privacy Legislation: A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act Image

Not Just Your Same Old Privacy Legislation: A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part One In a Series This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.

Features

California's Latest Privacy Rulemaking Proposes Further Obligations for Businesses   Image

California's Latest Privacy Rulemaking Proposes Further Obligations for Businesses  

Kyle Fath, Alan Friel, Shea Leitch & David J. Oberly

While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.

Features

Online Accessibility and SEO Image

Online Accessibility and SEO

Sarah Brodsky

How can you make your user experience the best it can be for all potential clients, and lead with empathy and equity as you demonstrate your knowledge? That's where your law firm's SEO strategy comes into play.

Features

Using Artificial Intelligence In White-Collar Matters Image

Using Artificial Intelligence In White-Collar Matters

Robert G. Heim

AI currently is playing a growing role in helping white-collar lawyers and their clients analyze vast amounts of data to uncover insights, connections, and patterns that would be impossible to detect through manual reviews. This article provides an introduction to AI technology and discusses the key regulatory developments practitioners should be aware of as they advise their clients on AI.

Features

White-Collar Enforcement Under the Biden Administration Image

White-Collar Enforcement Under the Biden Administration

Nate Robson

After much saber-rattling, the Biden administration's focus on white-collar corporate compliance is finally coming into focus. Law firms and white-collar compliance experts have long warned the administration's ramped-up focus was coming, but the pandemic largely nixed any initiatives. A spate of recent settlements coupled with the addition of a new white-collar leader at the U.S. Department of Justice is giving the public a look into what compliance will look like under Biden.

Features

Use and Enforcement of SNDAs In the Hotel Industry Image

Use and Enforcement of SNDAs In the Hotel Industry

Todd E. Soloway & Bryan T. Mohler

This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.

Features

Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape Image

Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape

Jessica Mach

Employment attorneys say the breadth of new state laws — and the pace at which they are going into effect — means in-house counsel at companies trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.

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