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Examining the SEC's Rulemaking Process Image

Examining the SEC's Rulemaking Process

Jonathan S. Sack & Penina Moisa

SEC Chair Gary Gensler's agenda raises important questions of both substance and process, including the technical, but very important, matter of SEC rulemaking: What is required for the Commission to create new rules, or change well-established rules? The answers to these questions, in turn, may determine what can realistically be accomplished given timing and political constraints.

Features

DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating Image

DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating

Kevin Muhlendorf

Although billed as an annual look-back, the U.S. Department of Justice Criminal Division's Fraud Section annual report provides important insight for individuals, entities, and their lawyers as to where the Fraud Section is setting its sights for 2022 and beyond.

Features

Clarity on Patent Eligibility Law Could Be Coming In 2022 Image

Clarity on Patent Eligibility Law Could Be Coming In 2022

Scott Graham

The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.

Features

Mail and Wire Fraud Post 'Kelly v. United States' Image

Mail and Wire Fraud Post 'Kelly v. United States'

Elkan Abramowitz & Jonathan S. Sack

This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.

Features

Anti-Bullying and Corporate Responsibility Image

Anti-Bullying and Corporate Responsibility

Michael W. Peregrine

As boards implement anti-bullying policies to protect against a toxic management-to-employee workplace environment, they should also consider extending similar protection to the vital interactions between the general counsel and the CEO.

Features

Insurance Fraud Remains Key Area of Government Focus Image

Insurance Fraud Remains Key Area of Government Focus

Michael A. Sirignano

During the past year, there were important government reports examining the defrauding of health insurance programs, new trends and government initiatives relating to fraud, and insurance fraud cases involving significant numbers of defendants. When added together, it is not difficult to understand why insurance fraud remains such a key area of focus for government officials, carriers and attorneys.

Features

Fourth Circuit: Shareholders Face High Bar In Demonstrating Scienter Image

Fourth Circuit: Shareholders Face High Bar In Demonstrating Scienter

Michael W. Mitchell & Edward Roche

A recent Fourth Circuit decision held that shareholders must meet a high bar in demonstrating scienter to avoid early dismissal of the case. The decision also shows the fact-intensive approach courts use to distinguish fraudulent statements from those that, even if mistaken, were made innocently.

Features

Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022) Image

Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)

Lauren Caisman and Christian Auty

The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.

Features

Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform Image

Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform

Robert J. Anello & Richard F. Albert

By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.

Features

Enforcement of Obligations Imposed In SEQRA Findings Statements Image

Enforcement of Obligations Imposed In SEQRA Findings Statements

Stewart E. Sterk

When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

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