OFAC, Commerce, and DOJ Emphasize Pursuit Of Enforcement Actions Against Non-U.S. Persons and Entities
Law Journal Newsletters » White Collar Crime
by Harry Sandick and Sarah Hardtke, staff
1w ago
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S ..read more
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Privilege in Public Relations: Can Clients Protect Communications Between Their Lawyers and PR Firms?
Law Journal Newsletters » White Collar Crime
by Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori, staff
1w ago
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege ..read more
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Navigating the SEC’s New Cybersecurity Disclosure Rules
Law Journal Newsletters » White Collar Crime
by Olivia J. Greer, Catherine Kim and Jeeyoon Chung, staff
1w ago
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices ..read more
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Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
Law Journal Newsletters » White Collar Crime
by Christopher D. Carusone, staff
1w ago
Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations ..read more
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FTC Finalizes Ban On Noncompete Agreements
Law Journal Newsletters » White Collar Crime
by Maydeen Merino, staff
1w ago
The rule will generally ban employers from entering, maintaining or attempting to enter a noncompete agreement with an employee, or conveying — absent a good-faith basis — that a worker is subject to a noncompete clause ..read more
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SCOTUS Curbs ‘Pure Omissions’ Lawsuits
Law Journal Newsletters » White Collar Crime
by Jimmy Hoover, staff
1w ago
In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company’s mere failure to disclose known trends likely to affect their revenues ..read more
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Common Pitfalls In Personal Device Collection
Law Journal Newsletters » White Collar Crime
by Marjorie Peerce and Marguerite O’Brien, staff
1M ago
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply ..read more
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FCPA Compliance Guidance for Global Businesses
Law Journal Newsletters » White Collar Crime
by Cole Callihan, staff
1M ago
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption ..read more
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Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
Law Journal Newsletters » White Collar Crime
by Karen Hoffman-Lent and Kenneth Schwartz, staff
1M ago
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws ..read more
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Will the Corporate Transparency Act Smother the Cannabis Industry?
Law Journal Newsletters » White Collar Crime
by Steve Schain, staff
1M ago
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions ..read more
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