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Join the club: Utah is the fourth state to enact a comprehensive data privacy law

On March 24, 2022, the Utah governor signed a consumer privacy law (the Utah Consumer Privacy Act, UCPA), marking the fourth state law to create enhanced data privacy rights and protections for consumers. The law will go into...more

The Cyber Incident Reporting for Critical Infrastructure Act of 2022

The Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), passed as part of the omnibus spending bill on March 15, 2022, will require critical infrastructure companies - which could include financial...more

Russia and Belarus sanctions update - March 2022 #2

During the past week, the US continued to strengthen its sanctions against Russia as Russia continued its invasion of Ukraine. ..BIS issued a final rule clarifying which luxury goods are subject to the ban on exports to...more

Russia and Belarus sanctions update - March 2022

Following the invasion of Ukraine by Russia, the UK, EU and US have all responded by announcing significant sanctions in respect of Russia and Belarus. The sanctions landscape has been changing at a fast pace and further...more

FinCEN warns financial institutions to be “vigilant” for Russia sanctions violations

On March 7, 2022, the Financial Crimes Enforcement Network (FinCEN) issued an alert calling on financial institutions to be “vigilant” in guarding against attempts to evade the recent imposition of expanded Russia sanctions....more

New executive order forges path for unified US regulation of digital assets

In an Executive Order (EO) issued March 9, 2022, President Joseph Biden set out the guiding principles for US policy on digital assets and digital asset regulation, including US policy with respect to a US Central Bank...more

Treasury study expresses concern about money laundering risks associated with NFTs 

On February 4, 2022, the US Department of the Treasury (the Treasury) released the “Study of the Facilitation of Money Laundering and Terror Finance through the Trade in Works of Art” (the Report). The Report examines the...more

SEC’s latest shot at the crypto industry: BlockFi sanctioned for its unregistered crypto-lending product

There is no love lost between the US Securities and Exchange Commission (SEC) and the crypto industry with tensions escalating over the past year. So it seems fitting that on Valentine’s Day, the SEC brought a...more

SEC issues proposed rule that could reach cryptocurrency exchanges

On January 26, 2022, the US Securities and Exchange Commission (SEC) proposed a rule (Proposed Rule) amending - and significantly broadening - a rule that defines certain terms used in the statutory definition of “exchange.”...more

Stymied fraud prosecutions could force DOJ prosecutors to reevaluate their strategy

On January 27, 2022, the United States Court of Appeals for the Second Circuit issued a decision in United States v. Connolly, overturning the 2018 fraud convictions of two former traders at a large financial institution. A...more

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

US Department of Justice adopts “bold” approach to prosecuting corporate crime and will engage in “rigorous enforcement”

On October 28, 2021, Deputy Attorney General (Deputy AG) Lisa O. Monaco gave remarks explicitly warning companies that the US Department of Justice (DOJ) intends to increase its efforts and devote additional resources to...more

Sanctions 2.0: US Treasury Department announces results of sanctions policy review and OFAC releases compliance guidance for the...

The US Department of the Treasury (Treasury) has released the results of its review of economic and financial sanctions first announced in December 2020 by then President-elect Biden (Report). From that review, Treasury has...more

OFAC sanctions virtual currency exchange and updates ransomware advisory

On September 21, 2021, the US Department of the Treasury took actions in response to the increasing prevalence and severity of ransomware attacks in the United States and address the central role that virtual currency and...more

FinCEN on fire: Rapid release of AML Act updates

On June 30, 2021, the Financial Crimes Enforcement Network (FinCEN) provided an update on implementation of the Anti-Money Laundering Act of 2020 (AML Act) and issued the first government-wide priorities for anti-money...more

Tough Medicine: Litigation lessons from Medtronic

Medical device manufacturer, Medtronic, began its second trial on June 14 in the US Tax Court in a $1.36 billion transfer pricing dispute with the IRS. The trial concluded on June 25 and is among the most significant transfer...more

Stake your claim: Taxpayers claim the creation of cryptocurrency is akin to baking a cake and non-taxable

In a US District Court complaint filed May 26, 2021, a married couple is seeking a refund of taxes they paid on cryptocurrency tokens the husband created, asserting that current law does not permit the treatment of created...more

Once more out of the breach: SCOTUS resolves the CFAA circuit split

While there are efforts afoot to broaden the impact and reach of US law on hackers, particularly with the US Department of Justice (the DOJ) planning to coordinate ransomware attack investigations with similar protocols it...more

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Supreme Court puts IRS on notice [2016-66] in CIC Services, LLC - The Anti-Injunction Act has its limits

On May 17, 2021, the Supreme Court held that the Anti-Injunction Act (AIA), section 7421(a) of the Code, does not preclude a pre-enforcement challenge to an IRS notice enforced through civil and criminal penalties. The AIA...more

Fork it over: IRS guidance reaffirms crypto position regarding significance of dominion and control in determining “virtual”...

On April 9, 2021, the Internal Revenue Service (Service) released Chief Counsel Advice 202114020 (the Guidance) regarding the tax consequences to an individual in receipt of Bitcoin Cash (BCH) following the August 2017 hard...more

FinCEN proposes and seeks public comment on new AML Corporate Transparency Act Rulemaking

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has published an Advance Notice of Proposed Rulemaking (the Proposed Rule) seeking input from the public on the implementation of a reporting...more

Xiaomi wins preliminary injunction enjoining enforcement of Trump-era securities trading ban

Xiaomi Corporation (Xiaomi), one of the world’s largest smartphone manufacturers, won a preliminary injunction from the DC District Court on March 12, 2021 that enjoined the US government from enforcing a Trump-era rule that...more

Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

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