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Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute Image

Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute

Elkan Abramowitz & Jonathan Sack

In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.

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The Role of the SEC In Cryptocurrency Regulation and Enforcement Image

The Role of the SEC In Cryptocurrency Regulation and Enforcement

Jay Dubow, Joanna Cline & Milica Krnjaja

The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC's enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.

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Global Antitrust Competition Enforcers Are Back, According to Report Image

Global Antitrust Competition Enforcers Are Back, According to Report

Gail J. Cohen

Labor markets, artificial intelligence and consumer-related issues are going to be under the microscope from antitrust investigators around the globe in 2024, according to a report from Morgan, Lewis & Bockius.

Features

SEC Keeping Eye On Non-GAAP Financial Disclosures Image

SEC Keeping Eye On Non-GAAP Financial Disclosures

Kirsten Ulzheimer

The SEC's Division of Corporation Finance continues to provide comments to issuers about non-GAAP financial measures, and the SEC's Division of Enforcement continues to investigate the accuracy of such non-GAAP metrics and, when necessary, will enforce charges against a company for providing misleading non-GAAP financial measures.

Features

Artificial Intelligence: The New Weapon of Insider Threats Image

Artificial Intelligence: The New Weapon of Insider Threats

Peter Collins

It is imperative that every organization acknowledges and takes seriously the potential harm that can be caused by insiders who misuse AI as a weapon for personal gain or to settle scores.

Features

Contours of Bribery Analyzed By Second Circuit In Bank Corruption Case Image

Contours of Bribery Analyzed By Second Circuit In Bank Corruption Case

Elkan Abramowitz & Jonathan Sack

This article analyzes the Second Circuit's decision, which rejected the defense's arguments for narrowing the definition of "corruptly" and a "thing of value" in the context of Section 215(a)(2).

Features

SEC Revises Beneficial Ownership Reporting Rules Image

SEC Revises Beneficial Ownership Reporting Rules

Sarah Heaton Concannon & Alexander Schwartz

This article identifies certain information asymmetries in the SEC's beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC's recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.

Features

SEC Chief Warns Against 'AI Washing' Image

SEC Chief Warns Against 'AI Washing'

Maydeen Merino

Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as "AI washing."

Features

SCOTUS Seeks to Provide Clarity Over Investor Suits Image

SCOTUS Seeks to Provide Clarity Over Investor Suits

Jimmy Hoover

In a case that could either stem or unleash a tide of investor lawsuits, the Supreme Court searched for a narrow way to rule that might still be of some value to the securities bar.

Features

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts Image

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts

Robert J. Anello & Richard F. Albert

A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.

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