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Features

FOIA In 2025: Beat the Backlog and Avoid Lawsuits Image

FOIA In 2025: Beat the Backlog and Avoid Lawsuits

Victoria Cash & Amy Hilbert

The Freedom of Information Act (FOIA) stands at a critical juncture heading into 2025. Federal agencies are grappling with mounting backlogs, increasingly complex data landscapes, and rising cybersecurity threats. As a new administration takes office, the urgency to adopt innovative, effective solutions has never been greater.

Features

Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025 Image

Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025

Michael Bahar & Pooja Kohli & Rachel May

While change is a constant in the privacy, security and technology arena, 2025 is poised to be a landmark year. New technologies will continue to radiate through the economy — and our lives — while the new Trump Administration is likely to emphasize innovation over protection, reward maximization over risk minimization, and incentivizing over enforcing.

Features

Have Corporate DPAs Become Less Certain and Beneficial After Boeing? Image

Have Corporate DPAs Become Less Certain and Beneficial After Boeing?

Elkan Abramowitz & Jonathan Sack

Corporate deferred prosecution agreements (DPAs) have become a key part of white-collar criminal enforcement. Once seen as an efficient and definite way to resolve an investigation, have corporate DPAs become less certain and beneficial over time?

Features

Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny Image

Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny

Cara M. Peterman & Sierra Shear & Carissa Lavin

Driven by promises of increased efficiency and innovation, companies spanning a wide variety of industries are rapidly adopting and investing in artificial intelligence (AI). The explosion of interest in AI has also spurred the attention of the SEC and private shareholder plaintiffs. Companies should continue to closely consider their public statements related to AI and implement appropriate precautions when discussing their AI initiatives.

Features

Fifth Circuit Weighs In On Constitutionality of the Corporate Transparency Act Image

Fifth Circuit Weighs In On Constitutionality of the Corporate Transparency Act

John C. Coffee, Jr.

Events have moved swiftly and symptomatically lately in the Fifth Circuit. Long known as the circuit with the greatest skepticism of federal regulation of the economy, it turned its attention to the Corporate Transparency Act, which requires non-exempt companies to report the identity of their beneficial owners.

Features

Third Circuit Orders SEC to Clarify How Securities Regs Apply to Digital Assets Image

Third Circuit Orders SEC to Clarify How Securities Regs Apply to Digital Assets

Michael A. Mora

In a 72-page opinion, the U.S. Court of Appeals for the Third Circuit directed the Securities and Exchange Commission (SEC) to clarify for Coinbase Global Inc. “how and when the federal securities laws apply to digital assets” like cryptocurrencies and tokens.

Features

Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It Image

Does Your Corporate Compliance Program Reasonably Prevent Fraud? New UK Guidance Demands It

Jonathan New & Patrick Campbell & Jamie Reiner

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 Image

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance

Paul St. Clair

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 Image

Potential Antitrust Risks When Using AI-Driven Pricing Tools

Ryan Krone & Richard Brosnick

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 Image

Investigating Potential Misconduct Can Reduce Compliance Risks With DOJ Uncertainty

Stephen B. Reynolds

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.

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