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.
- August 01, 2020Telemachus P. Kasulis
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.
August 01, 2020Nekia Hackworth JonesCOVID-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.
August 01, 2020Scott Pink and John DermodyThe 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.
August 01, 2020Andrew C. Kassner and Joseph N. Argentina Jr.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.
July 01, 2020Julia B. Jacobson, Natalia J. Kerr and Courtney K. StoutGiven 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.
July 01, 2020Margaret A. Dale and Mark D. HarrisFor 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.
July 01, 2020Terence M. Grugan, David L. Axelrod and Emilia McKee VassalloIn 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.
July 01, 2020Russell Koonin and Adam SchwartzAfter 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.
June 01, 2020Sidney S. Fohrman and Ariel D. ShpigelThis 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.
June 01, 2020Christopher M. Ferguson











