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Regulation

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Scared of Your Clients' Involvement With Cryptocurrency? Image

Scared of Your Clients' Involvement With Cryptocurrency?

Ross Benson & Robert N. Driscoll

Given the rapid expansion of interest and participation in cryptocurrency transactions, it's not a matter of whether you have an interest in crypto, think it's all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.

Features

Telehealth: The Wave of the Future for Both Medicine and Enforcement Image

Telehealth: The Wave of the Future for Both Medicine and Enforcement

Jacqueline C. Wolff & Michael Herrmann

The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.

Features

Corporate ESG Integration Not Optional Image

Corporate ESG Integration Not Optional

Alexandra Poe & Bryan Sillaman

Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism.

Features

California Privacy Protection Agency Roster Set Image

California Privacy Protection Agency Roster Set

Mike Scarcella

California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state's sweeping consumer privacy laws.

Features

Congress Leaves SEC Subject to Litigation Over Disgorgement Image

Congress Leaves SEC Subject to Litigation Over Disgorgement

Sarah Aberg & Chris Bosch

Buried in the massive National Defense Authorization Act for Fiscal Year 2021 is §6501, a provision authorizing the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others.

Features

Criminal Liability of Executives and In-House Attorneys for Corporate Actions Image

Criminal Liability of Executives and In-House Attorneys for Corporate Actions

Joseph G. Poluka & David J. Oberly

Data breaches, while frequent in number and severity, remain big news events today. Even more newsworthy is when a corporate in-house attorney is criminally prosecuted in connection with his role in responding to a data breach event.

Features

Can Landlords and Tenants Stipulate to Rent Regulation? Image

Can Landlords and Tenants Stipulate to Rent Regulation?

Jeffrey Turkel

Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.

Features

Telehealth Enforcement: Is It the Next Big Thing? Image

Telehealth Enforcement: Is It the Next Big Thing?

Ty E. Howard, Scarlett S. Nokes, Gene R. Besen & Jason P. Mehta

With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

Features

Anti-Money Laundering Enforcement Update Image

Anti-Money Laundering Enforcement Update

Kyle R. Freeny & Benjamin G. Greenberg

Over the last decade or so, anti-money laundering (AML), counter-terrorism financing (CFT), and sanctions compliance have been the subject of increased enforcement efforts. We expect this trend to accelerate in 2021 and beyond, propelled at least in part by the recent enactment of the Anti-Money Laundering Act of 2020.

Features

NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements Image

NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements

Adam Leitman Bailey & Dov Treiman

In a recent decision, the NY Court of Appeals handed down a decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino rewrites the rules of when a tenant simply gives up on the space.

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