On August 27, 2020, Judge George B. Daniels of the U.S. District Court for the Southern District of New York granted a Rule 12(c) motion for judgment on the pleadings made by financial institutions facing benchmark-rigging...more
On October 30, 2018, Federal Communications Commission (“FCC”) member Michael O’Rielly spoke at a policy event in Washington, D.C., on the topic of “smart cities,” defined by Commissioner O’Rielly as “the collection, use, and...more
On October 16, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued an investigative report advising public companies that internal accounting controls should “reasonably safeguard company and, ultimately,...more
We live in a social media age where even foreign policy is announced via Twitter with ease and speed. But recent events serve as a reminder to public companies that the federal securities laws operate as an important...more
As of September 4, 2018, financial institutions and other entities regulated by the New York State Department of Financial Services (“DFS”) must comply with the third of four compliance deadlines established by DFS’s new...more
In recent years, the U.S. Securities and Exchange Commission’s Office of Inspections and Examinations (“OCIE”) has prioritized, in its examinations, the review of the fee billing and expense practices of investment advisers....more
On June 12, 2018, a group of U.S. Senate Democrats introduced legislation that would require state and local governments to take steps to deter federal election tampering. Senators Kirsten Gillibrand (D-N.Y.), Ed Markey...more
On April 30, 2018, the Federal Trade Commission (“FTC”) reached a settlement with BLU Products Inc., a Florida-based cellphone reseller, after BLU admitted it allowed a third party, China-based ADUPS Technology Co. Ltd., to...more
On October 30, 2017, the United States Government Accountability Office (“GAO”) issued a report on the Department of Homeland Security’s (“DHS”) risk assessment practices for critical infrastructure. GAO reviewed DHS’s...more
On October 6, 2017, the creator of a social networking site for oil and gas industry professionals was sentenced to a year and a day in prison by U.S. District Judge Denise L. Cote in the Southern District of New York. David...more
On August 28, 2017, regulations first announced by the New York Department of Financial Services (“DFS”) in September 2016 took effect, marking the start of the first compliance period for covered financial institutions...more
Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more
7/26/2017
/ Appeals ,
Compelled Testimony ,
Corporate Counsel ,
Criminal Convictions ,
Cross-Border ,
Enforcement Actions ,
Fifth Amendment ,
Financial Conduct Authority (FCA) ,
Foreign Jurisdictions ,
Indictments ,
Libor ,
Rabobank ,
UK
On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more
On Wednesday, May 31, 2017, the Federal Trade Commission (“FTC”) secured default judgments against an individual responsible for hundreds of millions of illegal “robocalls” and nine companies he controlled, resulting in a...more
On May 23, 2017, Target Corp. reached a settlement with 47 states and the District of Columbia, agreeing to pay $18.5 million to resolve the states’ investigation into Target’s 2013 customer data breach. The resolution...more
On Monday, November 7, 2016, the Standing Committee of the National People’s Congress of China promulgated a new cybersecurity law, providing the Chinese government with sweeping authority to regulate and monitor internet...more
On Monday, October 3, 2016, the U.S. District Court for the Northern District of Illinois dismissed a putative class action lawsuit concerning a 2012 data breach at Barnes & Noble, Inc. (“B&N”) during which hackers obtained...more
In July 2016, the nonprofit Automotive Information Sharing and Analysis Center (“Auto-ISAC”) released a series of auto cybersecurity best practices to collectively address cyber threats that could pose unreasonable risks to...more
On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more
8/10/2016
/ Administrative Law Judge (ALJ) ,
Burden of Proof ,
Cybersecurity ,
Data Security ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
Future Harm ,
LabMD ,
Section 5 ,
Standard of Review ,
Unfair or Deceptive Trade Practices
On Monday, July 18, 2016, the U.S. District Court for the Southern District of Texas sentenced former St. Louis Cardinals scouting director Chris Correa to nearly four years in prison for the hacking of the Houston Astros’...more