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Colorado recently adopted a new law expanding companies' obligations in the event of a cybersecurity incident, and establishing new data security and disposal obligations. Recent announcements by the SEC likewise emphasize important responsive points for both companies and their personnel in the wake of an incident. Five key takeaways from these developments are highlighted in this article.
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In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.
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Emerging technologies and regulations have the power to create, shape or kill businesses. For the entertainment industry, the European Union's (EU) General Data Protection Regulation (GDPR) and blockchain technology each embody forces that have the potential for profound impact. Taken in tandem, the GDPR and blockchain highlight the possibilities and pitfalls of disruption and the importance of cross-organizational collaboration in compliance and innovation initiatives.
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<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).
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One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.
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Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
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In a nutshell, GDPR mandates that individuals have access and control over the use and maintenance of their data in certain circumstances, while the foundation of blockchain relies on the immutability of data. On the surface, these concepts seem in direct conflict with each other. This article discusses the points where GDPR and blockchain share common ground, where conflicts may exist and possible approaches for mitigating those conflicts.
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Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
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When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.
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<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.