Features
Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It
This article first discusses the legal backdrop of the UK’s new strict liability law and then summarizes what companies need to know about the new UK guidance, with particular emphasis on the areas where it expands on the ECCP.
Features
Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance
Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Features
Potential Antitrust Risks When Using AI-Driven Pricing Tools
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but, depending on specifics, can also lead to serious antitrust risks.
Features
Investigating Potential Misconduct Can Reduce Compliance Risks With DOJ Uncertainty
Although it remains to be seen to what extent the DOJ’s robust and aggressive approach to corporate enforcement will change in the forthcoming administration, companies should continue to take compliance seriously and make the necessary investments to prevent, detect and remediate misconduct.
Features
Instant Payment Platforms Bring Compliance Challenges
it has become clear that there is a growing and more pronounced regulatory scrutiny of instant payment systems. As the financial system continues to innovate and improve efficiency, financial institutions are encouraged to adopt a risk-based approach and periodically update their sanctions compliance controls and related technology solutions to ensure that they remain commensurate with the sanctions risks presented by instant payment systems.
Features
BONUS CONTENT: High Court May Limit the Reach of the Wire Fraud Statute: Post-Argument Update
A follow up to the article on a briefing in 'Kousisis v. United States' before the U.S. Supreme Court that considers the viability of the fraudulent inducement theory. Arguments before the Court took place on Dec. 9, and the authors provide an update.
Features
High Court May Limit the Reach of the Wire Fraud Statute
On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.
Features
Navigating ‘Click to Cancel’ Regulations
Automatic renewals have become a preferred method of goods and service delivery for many businesses, particularly in the context of e-commerce. The patchwork of state and federal laws and regulations makes absolute compliance a difficult proposition for many companies. In a purported effort to provide clarity to companies regarding their compliance obligations in this space, the FTC recently finalized its Rule Concerning Recurring Subscriptions and Other Negative Option Programs. While the Final Rule has reached the last stage of the FTC’s rulemaking process, questions remain.
Features
Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach
Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.
Features
The Increase in Artificial Intelligence-Related Securities Class Actions
While the full scope of AI-related legal risks is still developing, both the SEC and FTC have revealed the kinds of AI-related corporate behaviors they consider problematic. The problematic corporate behavior the agencies emphasized the most is “AI Washing” — the practice of making unfounded claims about AI capabilities.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- How Secure Is the AI System Your Law Firm Is Using?In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.Read More ›
- Big Law Banks On Contingency Fees to Maximize ProfitabilityIn a quest to maximize profitability, Am Law 200 law firms have grown their share of business tied to contingency fees, a gamble that has paid off for some firms in recent years.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›