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ESG Disclosures, Congress, and the SEC

The push on environmental, social, and governance (“ESG”) disclosures has increased in the past several years, with these disclosures becoming a particular focus of the Biden Administration, the Securities and Exchange...more

DOJ and IRS May Soon Begin Enforcement Actions Against Virtual Currency Tax Fraudsters

In the past several years, the use and prevalence of virtual currency have increased exponentially. The proliferation of digital assets has changed the way goods and services are exchanged and has allowed for faster and...more

DOJ Releases First FCPA Advisory Opinion in Six Years

On August 14, 2020, the Department of Justice (the “DOJ”) issued its first Foreign Corrupt Practices Act (the “FCPA”) advisory opinion in almost six years....more

Government Scrutiny of Mismarking Fraud Likely to Increase Amid COVID-19 Market Volatility

The COVID-19 pandemic has caused extreme market turmoil. While it appears that the initial shock is subsiding, there is the possibility that market volatility will continue if there is another surge in COVID-19 cases and as...more

DOJ and SEC Publish New FCPA Resource Guide

On the eve of the July 4th holiday, the Criminal Division of the Department of Justice (the “DOJ”) and the Enforcement Division of the Securities and Exchange Commission (the “SEC”) quietly published the second edition of the...more

FDA Current Good Manufacturing Practice Inspections During the COVID-19 Pandemic

In an unprecedented time amid the global COVID-19 pandemic, an increasing number of pharmaceutical manufacturers and developers of active pharmaceutical ingredients are involved in the potentially life-saving development of...more

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities...more

Foreign Corrupt Practices Act 2017 Mid-Year Update

The first half of 2017 has been eagerly anticipated following the record-setting year in 2016 for Foreign Corrupt Practices Act (“FCPA”) enforcement by both the U.S. Department of Justice (“DOJ”) and the U.S. Securities and...more

Game Over: Supreme Court Unanimously Rejects Xbox Plaintiffs’ Attempt to Create Appellate Review

In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class certification by voluntarily...more

Game On: Supreme Court to Decide Whether Xbox Plaintiffs Can Create Appellate Review

Recently, the United States Supreme Court heard argument in Microsoft Corp. v. Baker, a case that may significantly impact class-action defense and appellate jurisdiction. Plaintiff classes frequently want to immediately...more

“Yes, I Agree”: With a Click, Uber Drivers Can Waive Right To Bring Class Action Suits

Recently, in a major win for employers and companies that transact business on the internet, the Ninth Circuit upheld the use of arbitration class-action waivers in so-called clickwrap agreements. These types of agreements...more

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