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Lessons from the Insider Trading Prohibition Act After Its Likely Demise In the Senate Image

Lessons from the Insider Trading Prohibition Act After Its Likely Demise In the Senate

Telemachus P. Kasulis

For a moment there, it really looked like it was going to happen. After a long and winding road, insider trading reform had reached the floor of the House of Representatives for a vote. The Insider Trading Prohibition Act (ITPA) had support on both sides of the aisle and on Dec. 5, 2019, the House voted to pass the ITPA. Then the bill went to the Senate and vanished. We should take this opportunity to learn what lessons we can from the successes and failures of the ITPA as a bill with an eye toward fashioning the best possible legislation next time — whenever that may be.

Features

An Ounce of Prevention: Preparing for CARES Act Fraud Investigations Image

An Ounce of Prevention: Preparing for CARES Act Fraud Investigations

Nekia Hackworth Jones

The government appears to be fulfilling its commitment to rooting out PPP fraud, even when the amount at issue falls below the $2 million threshold. No matter the size of the loan, a company that obtained PPP funds is not immune from a possible government investigation or audit. Borrowers have already started to submit loan forgiveness applications, and many more will be submitted in the weeks ahead, and both lenders and the government will be scouring these submissions for red flags.

Features

Where Will the Needle Land? Image

Where Will the Needle Land?

Scott Pink & John Dermody

COVID-19 Contact Tracing v. Protecting Personal Privacy As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.

Features

The Bankruptcy Code's Anti-Discrimination Section and COVID-19 Image

The Bankruptcy Code's Anti-Discrimination Section and COVID-19

Andrew C. Kassner & Joseph N. Argentina Jr.

The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

Features

Lessons Learned from Recent FTC Data Security Enforcement Orders Image

Lessons Learned from Recent FTC Data Security Enforcement Orders

Julia B. Jacobson, Natalia J. Kerr & Courtney K. Stout

Proposed class actions against Zoom are illustrative of a challenge many businesses face: what is "reasonable" data security? The FTC's key data-security-related enforcement can help guide businesses in developing their data security programs.

Features

Shareholder Class Actions During, and After, COVID-19 Image

Shareholder Class Actions During, and After, COVID-19

Margaret A. Dale & Mark D. Harris 

Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.

Features

What TARP Investigations Can Teach Us About Stimulus Fraud Image

What TARP Investigations Can Teach Us About Stimulus Fraud

Terence M. Grugan, David L. Axelrod & Emilia McKee Vassallo

For more than 10 years, federal investigators have investigated criminal conduct in connection with the 2008 recession-era TARP program. From those investigations, U.S. Attorneys across the country brought cases and earned convictions for offenses spanning the federal criminal code. We can expect that these same agencies will use the same techniques and strategies to investigate crimes and bring cases involving fraud related to the COVID-19 stimulus packages.

Features

SEC Targeting Fraudulent Disclosures During Pandemic Image

SEC Targeting Fraudulent Disclosures During Pandemic

Russell Koonin & Adam Schwartz

In the midst the current COVID-19 pandemic, the SEC is paying attention. The Division of Enforcement has made clear that it will act, and act quickly, to stop fraudulent conduct that falls under its jurisdiction related to the pandemic.

Features

Agreement to Amend CA's AB5 Helps Music Industry Image

Agreement to Amend CA's AB5 Helps Music Industry

Sidney S. Fohrman & Ariel D. Shpigel

After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians' unique niche in the California economy.

Features

Prosecuting PPP Fraud May Be Harder Than It Seems Image

Prosecuting PPP Fraud May Be Harder Than It Seems

Christopher M. Ferguson

This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.

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