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Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes Image

Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes

Elkan Abramowitz & Jonathan Sack

The Connolly decision draws attention to the limits of the mail/wire fraud statutes — laws that are quite expansive but can also be stretched too far when applied to conduct in financial markets, especially markets tied to opaque rules and practices.

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SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy Image

SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy

Greg Andrews

Cybersecurity compliance, already an anxiety-inducing topic for many in-house counsel, is about to get even trickier. The SEC rolled out a host of proposed new cybersecurity rules for public companies.

Features

Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code Image

Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code

Andrew C. Kassner & Joseph N. Argentina Jr.

The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?

Features

Inside Cryptocurrency Pump-and-Dump Schemes Image

Inside Cryptocurrency Pump-and-Dump Schemes

Jonathan Bick

Cryptocurrency pump-and-dump schemes (CPDs) are becoming increasingly prevalent. As in the case of traditional "pump and dump" schemes, CPDs lead to short-term trading perturbations — exaggerated increases and/or decreases in prices, volume, or volatility.

Features

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate Image

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate

Erik Sherman

After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.

Features

Cyber-Insecurity: Will the Looming Regulatory Crackdown on Cybersecurity Practices Help Protect Financial Institutions from Attack? Image

Cyber-Insecurity: Will the Looming Regulatory Crackdown on Cybersecurity Practices Help Protect Financial Institutions from Attack?

Lori Van Auken & Adam Jamieson

A slew of new regulations targeting the cybersecurity practices of financial institutions will come into effect during 2022. But will they have any real bearing on protecting financial firms from attack?

Features

The Rise of False Claims Act Cybersecurity Litigation Image

The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

Features

Artist's Talent Agencies Act Claim In CA Doesn't Bar Personal Managers' NY Lawsuit Image

Artist's Talent Agencies Act Claim In CA Doesn't Bar Personal Managers' NY Lawsuit

Stan Soocher

What happens if a personal manager files a lawsuit in a court outside of California against a talent client who has raised a California Talent Agencies Act claim in California?

Features

Litigating Redesigns At the ITC Image

Litigating Redesigns At the ITC

Frank Liu, Dustin Ferzacca & Gwen Tawresey

An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

Features

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation Image

The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation

Annie Railton, James Gatta, Jud Welle & Emily Notini

While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

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