News & Analysis as of

Heightened Scrutiny

Ankura

Amendments to Federal Rule of Evidence 702 and the Implications for Expert Witnesses

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Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more

K2 Integrity

Benefits of Construction and Real Estate Integrity Monitoring

K2 Integrity on

What lesson can governments and agencies overseeing billion-dollar Infrastructure Investment and Jobs Act (IIJA) infrastructure projects learn from an $8.5 billion dollar expansion of an airport in a major Midwestern city,...more

Fenwick & West LLP

Advertising in the Metaverse

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The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more

Foley & Lardner LLP

Private Equity and Hedge Funds Should Expect More SEC Scrutiny Ahead

Foley & Lardner LLP on

Last week, SEC Chair Gary Gensler gave the keynote speech for the 2021 Institutional Limited Partners Association’s virtual summit. Gensler focused his remarks exclusively on private funds and detailed his view that private...more

Perkins Coie

DOJ’s New National Cryptocurrency Enforcement Team Portends Wave of Criminal Scrutiny

Perkins Coie on

On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) is stepping further into the cryptocurrency fray by creating the National Cryptocurrency Enforcement Team (NCET)....more

K2 Integrity

Implications of Mounting Legal and Regulatory Scrutiny on Binance

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Binance Holdings Limited (Binance), the world’s largest cryptocurrency exchange platform by trading volume, is facing growing legal and regulatory scrutiny across many jurisdictions, signaling increasing pressure on the...more

King & Spalding

Tenth Circuit Holds that “Heightened Scrutiny” Applies to Class Action Settlement Agreements That Include “Kicker” and “Clear...

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On May 7, 2021, the Tenth Circuit affirmed a district court’s approval of a class action settlement that contained “kicker” and “clear sailing” agreements—two frequently contested provisions related to attorneys’ fees—but...more

Perkins Coie

Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology

Perkins Coie on

The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more

Saul Ewing LLP

Supreme Court Holds President Is Not Categorically Immune to State Court Subpoena

Saul Ewing LLP on

In last week’s decision in Trump v. Vance, the Supreme Court addressed for the first time whether a state District Attorney’s Office can issue a state criminal subpoena to a President. Relying on historical examples dating as...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Vance

On July 9, 2020, the U.S. Supreme Court decided Trump v. Vance, No. 19-635, holding that President Donald Trump was required to respond to a state subpoena of his tax returns and other financial information because “Article...more

Jones Day

JONES DAY TALKS®: Proposed Regs Implement FIRRMA, Expand CFIUS’s Jurisdiction Over Foreign Investments

Jones Day on

Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act ("FIRRMA") next year, revise the process for review of foreign investments and also reflect the U.S. government's evolving view...more

Proskauer Rose LLP

Summer Travel Tips for Foreign Nationals Living in the U.S. on a Temporary Visa

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Any foreign national making plans to travel abroad this summer should make sure to prepare in advance, from a U.S. immigration perspective. Following are 5 helpful tips for summer travel...more

Skadden, Arps, Slate, Meagher & Flom LLP

California to Require Inclusion of Female Directors at Public Corporations Based in the State

California has become the first state in the nation to require that publicly held corporations headquartered within the state include female directors on their boards. The new law, signed by Gov. Jerry Brown on September 30,...more

Jones Day

Proposed UK Corporate Governance Reforms Target Executive Pay Justification, Employee Engagement

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The Situation: The UK government has proposed several corporate governance reforms in an effort to improve transparency and accountability in private and public employers....more

Mintz

Increased Scrutiny of Visa Applications and Possible Delays

Mintz on

On March 17, 2017, the Department of State (“DOS”), through the Secretary of State, issued a cable to all US consulates and embassies with guidance on enhanced screening and vetting of applications for US visas and other...more

Manatt, Phelps & Phillips, LLP

Employment Law - May 2016

California Increases Amount Paid for Family, Disability Leave - Why it matters - In the latest changes to California employment law, Governor Jerry Brown signed an amendment increasing the payment to employees for...more

Skadden, Arps, Slate, Meagher & Flom LLP

"US Enforcement Authorities Tighten Post-Settlement Scrutiny of Financial Institutions"

Last year, financial institutions continued to settle in record numbers with federal and state criminal and civil authorities in areas including benchmark interest rate manipulation, economic sanctions and anti-money...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Fairness of Director Awards Granted Under Market-Standard Equity Plans Comes Under Increased Scrutiny"

A Delaware court opinion issued late last week may subject equity grants to directors to increased judicial scrutiny (Calma v. Templeton, No. 9579-CB (Del. Ch. Apr. 30, 2015)). In Calma, the Chancery Court denied the...more

Holland & Knight LLP

Update Your Compliance Programs to Address Increased Federal Scrutiny of Academic Research and Grant Funding

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The federal government has stepped-up its enforcement efforts in the areas of academic research and grant funding. Just this week, Northwestern University agreed to pay $2.93 million to settle a federal whistleblower suit...more

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