In a pair of orders issued this month, the U.S. Supreme Court signaled plans to provide further guidance in its upcoming Fall term concerning application of the heightened standard for pleading securities fraud claims...more
7/2/2024
/ Acquisitions ,
Appeals ,
Data-Sharing ,
Facebook ,
Form 10-K ,
Petition for Writ of Certiorari ,
PSLRA ,
Rule 10b-5 ,
Scienter ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
On February 26, 2024, the United States Supreme Court is set to hear oral argument in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton. At their core, these cases raise the question as to...more
On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora, one of the largest cosmetic retailers in the world, to resolve allegations that the company illegally sold consumer data and...more
On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more
The Department of Justice (“DOJ”) recently signaled a possible shift in its antitrust merger review and remedies practice, moving away from a willingness to allow transactions to proceed through a divesture process....more
Global supply chains continue to reel from the impact of the COVID-19 pandemic. The Biden Administration has referred to bottlenecks in the supply chain as a national crisis.1 Recent remarks from antitrust regulators...more
As the onslaught of data breaches and ransomware attacks continues, state governments are grappling with ways to bolster the impact and reach of breach notification laws. All fifty states, Puerto Rico, Guam, the Virgin...more
10/15/2021
/ Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Incident Response Plans ,
New Regulations ,
Personally Identifiable Information ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
State Data Breach Notification Statutes
Larry Dean Harmon, the founder and operator of Helix, a darknet-based cryptocurrency “mixer” or “tumbler,” recently admitted that Helix partnered with darknet marketplaces to provide bitcoin money laundering services for...more
9/3/2021
/ Bitcoin ,
BSA/AML ,
Criminal Investigations ,
Criminal Prosecution ,
Cryptocurrency ,
Darknet ,
Digital Currency ,
Federal Rules of Evidence ,
Financial Crimes ,
Financial Transactions ,
Guilty Pleas ,
Money Laundering ,
Popular ,
White Collar Crimes
On August 3, 2021, Securities and Exchange Commission (“SEC”) Chair Gary Gensler made headlines when he dubbed the current cryptocurrency landscape the “Wild West.” Though attention-grabbing, these remarks are not isolated,...more
A grand jury in Pennsylvania recently indicted the former Dean of Temple University’s business school, Dr. Moshe Porat, for wire fraud, alleging that he submitted false data to U.S. News & World Report in an effort to...more
The Computer Fraud and Abuse Act (“CFAA”) was designed to stop hacking and other forms of cybercrime. For many years, multiple courts of appeals and the DOJ have taken one provision of the CFAA to mean that individuals can be...more
In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more
5/27/2021
/ Article III ,
Class Action ,
Data Breach ,
Encryption ,
Future Harm ,
Identity Theft ,
Injury-in-Fact ,
Negligence ,
Personally Identifiable Information ,
Popular ,
Standing
On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more
3/25/2021
/ Attorney-Client Privilege ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Discovery ,
Expert Testimony ,
Expert Witness ,
Fifth Amendment ,
Fraud ,
Indictments ,
Limited Liability Company (LLC) ,
Order to Stay ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Self-Incrimination
A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even...more
2/19/2021
/ Border Searches ,
Customs and Border Protection ,
Data Protection ,
Disclosure ,
Electronic Devices ,
Electronically Stored Information ,
Immigration and Customs Enforcement (ICE) ,
Port of Entry ,
Search & Seizure ,
Traveling Employee ,
Virtual Private Networks
On October 1, 2020, the Office of Foreign Assets Control (“OFAC”) issued guidance warning of potential sanctions risks for making ransomware payments related to malicious cybersecurity incidents. The same day, the Financial...more
A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection....more
In December 2019, the Department of Justice (“DOJ”) announced a new Export Control and Sanctions Enforcement Policy for Business Organizations (the “Policy”) regarding voluntary self-disclosures of potentially criminal...more