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SEC Sued Over Private Fund Adviser Rule Image

SEC Sued Over Private Fund Adviser Rule

Maydeen Merino

The Managed Funds Association and five other industry groups have sued the SEC over its new private fund advisers rule, saying the agency has overreached its statutory authority and interferes with contracts.

Features

DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs Image

DOJ Calls On Companies to Incorporate Data Analytics In Anti-Corruption Compliance Programs

Fotis Konstantinidis, Michael Pace & Jason Wright

This article explains the DOJ's recent emphasis on robust data analytics in anti-corruption compliance programs, outlines how data analytics can and should be used in these programs, and suggests an approach to help legal counsel and companies determine if corporate programs will pass muster with the DOJ.

Features

White-Collar Practitioners Weigh In On Defending Trump Indictments Image

White-Collar Practitioners Weigh In On Defending Trump Indictments

Brad Kutner

They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.

Features

SCOTUS: Courts Should Avoid Assigning 'Breathtaking' Scope to White-Collar Crime Statutes Image

SCOTUS: Courts Should Avoid Assigning 'Breathtaking' Scope to White-Collar Crime Statutes

Robert J. Anello & Richard F. Albert

The Supreme Court's Dubin decision is another worthy entrant in the long running series of SCOTUS decisions applying judicial restraints where prosecutors seem unable to restrain themselves.

Features

FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition Image

FTC and DOJ Proposed Merger Guidelines Eye Effect On Competition

Maydeen Merino

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed merger guidelines that reflect the Biden administration's aggressive enforcement approach to corporate acquisitions that considers not only their effect on competition but on the labor market, antitrust attorneys said.

Features

Crypto Winter Leads to Explosion of Regulatory Activity Image

Crypto Winter Leads to Explosion of Regulatory Activity

Mark Bini, Kaela Dahan & Victoria Jaus

In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.

Features

Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story Image

Recent DOJ Losses In Antitrust Cases Don't Tell the Whole Story

Jennifer Fischell & Thomas Schubert

Many of the Biden Administration's antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means…

Features

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers Image

Biden Administration ESG Initiative Draws Scorn from Republican Lawmakers

Maydeen Merino

The Biden administration's efforts to establish environmental, social, and corporate governance requirements on corporations has drawn scorn from Republican lawmakers even as companies learn to navigate the ESG initiative with an unclear regulatory framework.

Features

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures Image

Regulators Put Pressure On Fintech Platforms to Improve Customer Disclosures

Chris O'Malley

Regulators cranking up scrutiny of digital-payment platforms after fund-access and customer service problems in recent years are now broadening their gaze into what happens if they collapse. That's placing additional pressure on these fintech platforms to improve customer disclosures and possibly even find new ways to backstop against potential insolvency.

Features

The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps Image

The Message Is Clear: Assess Your Information Governance Practices In Light of DOJ and SEC Crackdown on Use of Personal Devices and Messaging Apps

Jonathan B. New, Patrick T. Campbell, James A. Sherer & Luke E. Record

Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps. This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.

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