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What To Take Away From One Of The “Biggest Blunders In Banking History”: Get Payment Notices In Order

Often–at least in the legal field–a good-faith mistake can be reversed. A privileged document is inadvertently produced in discovery; it can be clawed back. An email to the team is accidentally sent to opposing counsel;...more

2/18/2021  /  Bench Trial , Citibank , Email , Good Faith

Anti-Money Laundering Act Requires Fresh Look At Compliance

The Anti-Money Laundering Act of 2020 took effect on Jan. 1 and is the most significant anti-money laundering statute since the USA Patriot Act was passed after the terrorist attacks of 9/11. Its primary purpose was to update...more

Recent Amendments To The Securities Exchange Act Of 1934 Strengthen The SEC’s Disgorgement Powers

On Jan. 1, 2021, the U.S. Congress passed amendments to the Securities Exchange Act of 1934 (Exchange Act) that significantly expand the U.S. Securities and Exchange Commission’s (SEC) authority to recover disgorgement of any...more

Managing The Risk Of Emerging COVID-19 Securities Liabilities With D&O Insurance

With a new year and the introduction of multiple vaccines, there is much hope that the end of the COVID-19 pandemic is in sight. Nevertheless, the pandemic will have wide-ranging consequences far beyond its end date...more

COVID-19 Regulatory Update: What The Cheesecake Factory Settlement With The SEC Means For Issuers

On December 4, 2020, the Securities and Exchange Commission (SEC) announced a settlement with the Cheesecake Factory Inc. asserting that the company issued materially misleading disclosures about the risk that the COVID-19...more

The SEC Division Of Enforcement Publishes 2020 Results

On November 2, the Securities and Exchange Commission’s Division of Enforcement (the Division) published its 2020 Annual Report (the Report), which details the Division’s fiscal year (FY) ending September 30, 2020,...more

White House Memo Directs Federal Agencies To Issue Rules On Fairness In Administrative Enforcement And Adjudication

On August 31, 2020, the White House issued a memo (the Memo) directing federal agencies to, among other things, “consider the principles of fairness in administrative enforcement and adjudication.”1 The Memo, issued by the...more

The Supreme Court Upholds the SEC’s Ability to Obtain Disgorgement

In a long-anticipated decision, the U.S. Supreme Court this week upheld the Securities and Exchange Commission’s (SEC) ability to obtain disgorgement, provided the award does not exceed the wrongdoer’s ill-gotten gains and is...more

Avoid Claims Of Bankruptcy Fraud Amid Creditor Scrutiny

In the weeks and months since COVID-19 effectively brought many sectors of the U.S. economy to a screeching halt, numerous major retailers, recreation and travel companies, grocery chains and restaurants have filed for...more

A Bankruptcy Probe Primer For White Collar Attorneys

As the country begins on the path toward reopening in the current economic climate, white collar defense practitioners will need to become experts in an unfamiliar area of the law: bankruptcy. Because there will be an...more

PPP Loan Scrutiny Requires Immediate Borrower Attention

Just one day after lending under the Paycheck Protection Program reopened, Treasury Secretary Steve Mnuchin warned that the Small Business Administration would audit all loans over $2 million. The announcement follows...more

How To Avoid Federal Criminal And Civil Penalties In Connection With Applications For PPP Loans

The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) is a forgivable loan program created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the PPP, which has a $349...more

Is The Board To Blame?

A bankruptcy trust for creditors (including former workers and trade vendors) who lost significant sums of money in the Toys “R” Us Inc. (TRU) bankruptcy sued former Chief Executive Officer David Brandon, several other...more

Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws

Companies who do business in the United States and have documents located abroad must understand the potential conflicts between the broad extraterritorial discovery authorized by U.S. courts, and the major restrictions on...more

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