Crypto Executive Order 'Both a Landmark and a Question Mark'
May 01, 2022
The Biden administration released its long awaited executive order on cryptocurrency, directing a range of federal agencies to study and assess a litany of issues related to digital assets, including cybersecurity, money laundering and climate impact.
The FTC Gets Into the College Athlete NIL Game
April 01, 2022
As national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.
First Dark Web Insider Trading Case Shows Government Active In Policing Tech
April 01, 2022
In a first of its kind prosecution, the Southern District of New York brought an insider trading case against defendant for selling inside information on the Dark Web. The SEC also brought a civil regulatory action against the defendant for the same conduct. In a rare move, however, SDNY and SEC charged this same conduct under different insider trading statutes. This difference underscores the legal complexities involved when the origin of inside information in the digital world is unknown.
Inside Cryptocurrency Pump-and-Dump Schemes
April 01, 2022
Cryptocurrency pump-and-dump schemes (CPDs) are becoming increasingly prevalent. As in the case of traditional "pump and dump" schemes, CPDs lead to short-term trading perturbations — exaggerated increases and/or decreases in prices, volume, or volatility.
The Rise of False Claims Act Cybersecurity Litigation
March 01, 2022
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
Examining the SEC's Rulemaking Process
March 01, 2022
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.
DOJ 2021 Fraud Section Report Shows COVID Effect Dissipating
March 01, 2022
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.
Mail and Wire Fraud Post 'Kelly v. United States'
February 01, 2022
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.
