Episode 5: Business Divorce, Delaware Style
Just before the recent federal government shutdown, SEC staff issued a no-action letter providing some clarity as to who can serve as a permissible custodian under the Investment Company Act of 1940 and a “qualified...more
Data is everywhere: emails, chat apps, cloud storage, collaboration platforms, and even video meetings. For legal teams, this creates both opportunity and risk. When litigation or regulatory inquiries arise, all of this data...more
Recognizing the growing demand for virtual currency custodial services and the increased use of sub-custodial relationships in the digital asset space, the New York Department of Financial Services (NY DFS) announced updated...more
Our previous article focused on the importance of CASS Resolution Packs for firms that hold custody assets and/or client money (“CASS Firms”) to ensure they are prepared should they enter an insolvency process, in accordance...more
When parents look to the future, they picture family dinners, school milestones, and graduation caps. Rarely, if ever, do parents consider what would happen if they were not able to raise their children themselves. Yet...more
Banking organizations safekeeping digital assets for customers must do so in a safe and sound manner and in compliance with applicable laws and regulations....more
The United Arab Emirates has emerged as a multicultural global city with people from various countries, religions and belief systems. The country continuously works towards building a land where these communities can grow and...more
The Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act”), which would comprehensively regulate stablecoins in the United States, was adopted by the U.S. Senate on June 17 by a bipartisan...more
Hogan Lovells and Teneo have worked together to produce the first in a series of articles aimed at helping regulated firms (and particularly those that hold client money and safe custody assets) better understand the rules...more
Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 21-27. Here’s what’s...more
In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...more
Afraid you won’t be up to date on important case law? Our October 2024 monthly webinar of cases covered by the eDiscovery Today blog will remove all your fears! During the webinar we will discuss disputes related to relevance...more
Data Resilience Masterclass: Navigating the Risks of the Digital Age - Data Risk and Resilience is a critical topic for modern businesses, especially within industries that handle vast amounts of sensitive information. This...more
La Guía BOI de FinCEN para las Pequeñas Empresas se publicó originalmente el 18/9/23 y posteriormente se actualizó en diciembre del 2023 como la Versión 1.1. El propósito de la Guía es ayudar a la comunidad de pequeñas...more
The FinCEN BOI Small Business Guide was originally released on 9/18/23 and subsequently updated on December 2023 as Version 1.1. The purpose of the Guide is to assist the small business community in complying with the...more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden...more
Dive into the do’s and don’ts of data preservation, custodianship, legal hold release expectations, and more. It is the season of giving thanks, and we’d be remiss if we didn’t acknowledge the tips and tricks that...more
On September 5, the U.S. Securities and Exchange Commission (SEC) announced enforcement actions against five investment advisers for violating Rule 206(4)-2 (the Custody Rule) and Rule 204-1(a) (the ADV Reporting Rule) of the...more
Join us for a transformative webinar, "Legal Hold Made Easy: Building a Defensible Litigation Workflow," where we'll unravel the power of automated legal hold software to simplify and strengthen your litigation process. ...more
Part 1: Permitted Investments and Compliance - The self-directed individual retirement account (IRA) is an increasingly popular option for an IRA account owner, especially those owners who have significant net worth and...more
Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more
On 4/5/23, the FDIC released its 2023 Spring Consumer Compliance Supervisory Highlights. The purpose of the Supervisory highlights is to provide an overview of consumer compliance issues identified through the FDIC’s...more
Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in...more