Nicole Kardell

Nicole Kardell

Jeff Ifrah

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Highlights And Takeaways from the October 30th FTC Lead Generation Workshop

Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in...more

11/4/2015 - Data Collection ECOA FTC Lead Generators Technical Conference

Jumping To Judgment on For-Profit Education

If you didn’t know any better, you might have gotten pretty fiery over for-profit education after reading one of the front page stories of Tuesday’s New York Times. The lengthy article titled “For-Profit Colleges Fail...more

10/16/2015 - CFPB Colleges DOD DOJ Educational Institutions For Profit Colleges For Profit Education FTC Government Investigations SEC Unfair or Deceptive Trade Practices Universities

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

7/27/2015 - Appeals Casinos Declaratory Judgments Indian Gaming Poker Tribal-State Gaming Compacts Young Lawyers

FAIL: For-Profit Education Sector Dealt Major Blow

For-profit education was dealt a major blow in a federal court case challenging the Department of Education’s Gainful Employment Rule. U.S. District Court Judge Lewis Kaplan of New York dismissed a lawsuit that was filed last...more

6/2/2015 - Department of Education For Profit Colleges For Profit Education FTC Gainful Employment

The “Fight Of The Century” In Its 13th Round

It’s not uncommon to see sports fans get emotional at a game, match, race, or fight. They feel invested in their team, invested in their athlete. For the sports bettors out there, that investment may be literal, but for most...more

5/11/2015 - Class Action Sports Sports Betting

What Expats Need to Know Now about their Taxes, FATCA and the IRS

Are you an American abroad living in perpetual fear of the IRS? Do you wake up every morning wondering if today you’ll receive a formidable notice that the taxman cometh? You are not alone. ...more

3/10/2015 - Expatriates FATCA FFI IRS OVDP Popular

Closing the Loop: The Proposal of New Subcontracting Limitations on Small Businesses

Many small business government contractors may have to rethink the way they do business. The Small Business Administration issued a proposed rule at the end of December to implement provisions of the National Defense...more

2/7/2015 - Federal Contractors NDAA SBA Set-Asides Small Business Subcontractors

The World Wide Tax Web: FATCA Data Sharing Goes Online

The IRS has unveiled a secure web application, the International Data Exchange Service (IDES), for cross-border data sharing. IDES will allow Foreign Financial Institutions (FFIs) and tax authorities from other countries to...more

1/21/2015 - Cross-Border Data-Sharing FATCA FFI IRS

Remote Search Warrants and the Continued Threat to Privacy Rights

What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch Democrat, you might have...more

12/2/2014 - Congressional Investigations & Hearings DOJ Electronic Communications Electronic Devices Electronically Stored Information Fourth Amendment Legislative Committees Search Warrant

Where to Draw the Line With Undercover FBI Operations

Several news publications have been making much ado about a tactic the FBI used in 2007 to locate an individual suspected in a series of bomb-threats to Washington state high schools. The FBI created a fake news article,...more

11/14/2014 - FBI Investigations Law Enforcement Social Media Students

For-Profit Education Flunking Regulations Overload 101

The last few years have been tough on the for-profit education industry – it’s not easy being the target of a host of federal and state investigations. For-profit educators have been poked and prodded by, among others, the...more


More Money, More Problems – Another Billion Dollar Settlement for the DOJ

This summer BNP Paribas, one of the five largest banks in the world, agreed to a $9 billion settlement with the U.S. Department of Justice. The settlement figure may seem nothing short of economic shock and awe; indeed it was...more

9/11/2014 - Banks Criminal Penalties DOJ Foreign Banks Settlement

FATCA: Trapped by the Land of the Free?

The Foreign Account Tax Compliance Act (FATCA) has been billed as the U.S.’s bold effort to go after tax dodgers and cheats. The picture painted is that of greedy rich people secreting their fortunes in offshore accounts and...more

9/4/2014 - FATCA Income Taxes Offshore Funds Tax Evasion

Higher Ed False Claims Act Suits – Pass or Fail?

Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court...more

6/11/2014 - Colleges False Claims Act (FCA) Student Loans Universities

The Taxman Cometh for US Holders of Foreign Bank Accounts

U.S. citizens and residents with unreported assets abroad may be feeling a steady increase of pressure these days. The July 1, 2014 effective date of the Foreign Assets Tax Compliance Act (FATCA) is looming. The number of...more

5/23/2014 - Banks FATCA FATCA Timeline FBAR Foreign Banks IRS Offshore Funds OVDP Reporting Requirements

My, What Long Arms You Have, Uncle

Here’s a visual: Uncle Sam extending his arms around the world, reaching out for his citizens, wherever they may be. He may resemble a candy-striped Gumby, with disproportionately long rubbery arms spanning the globe. The...more

4/4/2014 - FATCA IRS Long Arm Statute Tax Evasion

Report from Energized iGaming Conference

The iGNA March 2014 conference in Las Vegas started off with a bang. The conference boasted roughly double the attendance of last year’s conference. People were drawn to the vibrant and comprehensive panels....more

3/25/2014 - Gambling Gaming iGaming

As the Foreign Accounts Tax Compliance Act Takes Hold, U.S. Sees Expatriates at All-Time High

Are you living the American dream … abroad? If so, you may be considering joining forces with Superman and changing your nationality. You face some unique burdens if you earn a cent while soaking up the sun in Saint Tropezor...more

3/12/2014 - Expatriates FATCA Income Taxes Tax Evasion Tax Liability

Investigating For-Profit Edu: Are Government Agents Going To Start Tripping Over Each Other?

Things look a bit bleak for the for-profit education industry: it seems like every other day a new federal or state agency is launching an investigation or proposing new regulations. The latest news is that a coalition of 32...more

1/22/2014 - Colleges Investigations Universities

After Being Unfairly Characterized by Regulators, For-Profit Institutions Slowly Rebranding Image

For-profit education needs rebranding. With the recent appointment of Michael Dakduk as key advisor to the Association of Private Sector Colleges and Universities, the sector has made a step in the right direction. The...more

11/11/2013 - Colleges FTC Private Schools

FTC Takes Tough Action Against ‘Scareware’ Tactics

A great way to make money is to develop a product or service that responds to a consumer want or demand, and then to stay ahead of prospective competitors by offering better pricing or quality. A not-so-great way to make...more

10/14/2013 - FTC Marketing Penalties Scams Unfair or Deceptive Trade Practices

Colorado Defense Attorney Charged With Felony – Why?

A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s...more

9/19/2013 - Criminal Prosecution Evidence Felonies Fifth Amendment Legal Ethics

FTC Looking Closely at Impact on Consumers of ‘Big Data’

Manufacturers and marketers know that the more consumer data they have, the more they can tailor and direct their advertising, their products, and their product placement. This helps them to maximize sales and minimize costs....more

8/6/2013 - Advertising Big Data Data Collection FCRA FTC Internet Product Placement

FTC Signals Interest in Enforcement of Deceptive Advertising Laws Against Payment Processors

Ignorance of the law is no excuse; nor is (willful) ignorance of a business partner’s illegal activities. That’s a lesson to be learned from a recent amended complaint filed by the FTC which named a payment processor...more

6/25/2013 - Advertising Credit Cards Debt Settlement Services FTC Interest Rates Payment Processors Scams Telemarketing Telemarketing Sales Rule

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