On March 15, 2023 the Securities and Exchange Commission (“SEC”) proposed three new sets of rules (the “Proposed Rules”) which, if adopted, would require a variety of companies to beef up their cybersecurity policies and data...more
4/10/2023
/ Cybersecurity ,
Data Management ,
Data Protection ,
Data Security ,
Popular ,
Proposed Regulation ,
Proposed Rules ,
Regulation S-P ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC)
Continuing its push to make Environmental, Social, and Governance (“ESG”) issues a key agency priority, on May 25, 2022 the SEC announced two sets of proposed rule amendments taking aim at “greenwashing” in investment funds....more
Seyfarth Synopsis: A new law in New York City restricts the use of artificial intelligence (“AI”) to screen candidates for employment or promotion, and will take effect on January 1, 2023. Although employers have a year to...more
Late last year, Nasdaq submitted for approval to the Securities and Exchange Commission the proposed listing Rule 5605(f) and Rule 5606 requiring all, with a few exceptions, of Nasdaq’s roughly 3,249 listed companies to have...more
As we begin this new year and reflect on a number of notable changes from the year past, certainly diversity and inclusion comes to mind. Diversity on corporate boards has received much attention and should be an important...more
Seyfarth Synopsis: The Securities and Exchange Commission (“SEC”) adopted a new investor marketing rule to replace and modernize its current advertising and cash solicitation rules. Neither of these rules has been...more
Seyfarth Synopsis: The Federal Deposit Insurance Corporation (“FDIC”) has issued a new rule codifying and clarifying its expectations for industrial banks and their parent companies to receive approval for federal deposit...more
As the courts continue their efforts to re-open and slowly return to “normal” operations, decisions aimed to these ends are emerging. One such decision was recently issued by a New York state court in a medical malpractice...more
Seyfarth Synopsis: In an April 8, 2020 post on the Federal Trade Commission (“FTC”)’s Business Blog, the Director of the FTC Bureau of Consumer Protection, Andrew Smith, provided helpful guidance on the use of artificial...more
COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more
4/15/2020
/ Breach of Contract ,
Capital Markets ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Debt Repurchasing ,
Debt Restructuring ,
Distressed Debt ,
Financial Services Industry ,
Force Majeure Clause ,
International Tax Issues ,
Lenders ,
Liability ,
New Legislation ,
State and Local Government ,
Tender Offers ,
Webinars
Seyfarth Synopsis: In an April 7, 2020 memorandum, New York’s Chief Administrative Judge laid out New York Courts’ plan to begin resume hearing non-essential matters, including asking judges to schedule remote conferences if...more
4/9/2020
/ Case Management ,
Coronavirus/COVID-19 ,
Court Schedules ,
Discovery ,
Litigation Strategies ,
New Jersey ,
New York ,
Remote Hearings ,
Remote Working ,
Rules of Court ,
Teleconferences
Seyfarth Synopsis: The Chief Judge of New York, in a recent address, has endorsed remote operations statewide for essential and emergency matters and specifically noted that discussions are underway to begin permitting...more
Seyfarth Synopsis: In the wake of COVID-19, courts that deal with a high volume of commercial litigation, including the U.S. District Court for the Southern District of New York, the New York State Commercial Division, and...more
Seyfarth Synopsis: On Thursday, February 6, 2020, SEC Commissioner Hester Peirce proposed rules which, if certain conditions are met, would, for three years, exempt (1) the offer and sale of tokens from most provisions of the...more
2/12/2020
/ Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Exempt Transactions ,
Exemptions ,
Initial Coin Offering (ICOs) ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Safe Harbors ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales ,
Unregistered Securities
Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this...more
1/13/2020
/ C-Suite Executives ,
Corporate Counsel ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Hackers ,
LabMD ,
Personally Identifiable Information ,
Third-Party
Synopsis: On December 6, 2019, the Federal Trade Commission issued a unanimous ruling against political data firm Cambridge Analytica for violating Section 5 of the FTC Act by misrepresenting that it would not download...more
12/20/2019
/ Cambridge Analytica ,
Consumer Privacy Rights ,
Data Breach ,
Data Collection ,
Enforcement Actions ,
EU ,
EU-US Privacy Shield ,
Facebook ,
FTC Act ,
Penalties ,
Personal Data ,
Political Campaigns ,
Popular ,
Section 5
The Federal Trade Commission recently published a preliminary staff report on two studies it conducted to understand the effectiveness of class action settlement notices and develop information to help improve consumer...more
On October 8, 2019, five federal agencies jointly announced that they had finalized revisions designed to simplify compliance with the Volcker Rule regulations implementing Section 13 of the Bank Holding Company Act. The...more
10/16/2019
/ Bank Holding Company Act ,
Common Ownership ,
Cooperative Compliance Regime ,
Financial Instruments ,
Financial Regulatory Reform ,
Hedge Funds ,
Private Equity Funds ,
Proprietary Trading ,
Regulatory Agenda ,
Trading Policies ,
Volcker Rule