On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more
Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more
6/10/2024
/ Climate Change ,
Corporate Counsel ,
Corporate Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Infrastructure ,
National Emissions Standards ,
New Legislation ,
New Regulations ,
Oil & Gas ,
Regulatory Requirements ,
Severe Weather ,
Superfund ,
Vermont
Ruling concludes "unfairness" authority under the Dodd-Frank Act does not cover discrimination.
On September 8, 2023, a federal district court rejected the Consumer Financial Protection Bureau's ("CFPB") interpretation...more
On July 18, 2023, Oregon Governor Tina Kotek signed Senate Bill 619, referred to as the "Oregon Consumer Privacy Act" ("OCPA" or "the Act"), making Oregon the 11th state to enact a comprehensive data privacy law....more
On June 7, the Federal Trade Commission ("FTC" or "Commission") announced a request for public comments ("Request") regarding how it can enhance collaboration efforts with state attorneys general ("AGs") to more effectively...more
In Short -
The Situation: Following a string of bankruptcies among virtual currency firms, the New York Department of Financial Services has issued guidance on the practices and procedures it expects from certain...more
The National Institute of Standards and Technology ("NIST") has released its AI Risk Management Framework ("AI RMF") as a resource to reportedly assist individuals, organizations, and society identify risks associated with...more
Fifth Circuit decision vacates a Consumer Financial Protection Bureau ("CFPB" or "Bureau") Payday Lending Rule because the Bureau's funding mechanism violates the Constitution's Appropriations Clause....more
In Short -
The Situation: Since being confirmed as Director of the Consumer Financial Protection Bureau ("CFPB") last year, Rohit Chopra has urged state attorneys general to work with his agency to enforce federal...more
On August 31, 2022, the California Attorney General delivered letters to 30 hospitals and health systems across California requesting information regarding commercial decision-making technology tools and their potential...more
California's governor issued an executive order requiring state agencies, led by the Department of Financial Protection and Innovation, to create a "transparent" regulatory framework for blockchain technologies and digital...more
5/11/2022
/ Bitcoin ,
Blockchain ,
California ,
California Consumer Financial Protection Law (CCFPL) ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Instruments ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Framework Agreement ,
Investment Opportunities ,
Regulatory Agenda ,
Regulatory Oversight ,
Transparency Directive ,
Virtual Currency
On Monday, April 25, 2022, the Consumer Financial Protection Bureau ("CFPB") issued a press release announcing its intent to utilize a "dormant authority" under the Dodd-Frank Act to examine nonbank "'fintechs'" that the...more
The Federal Trade Commission ("FTC") recently issued an enforcement policy cautioning companies engaged in "negative option marketing" of potential legal action if the sign-up process for subscription services fails to...more
On October 18, 2021, New York Attorney General Letitia James directed two virtual currency lending platforms to immediately cease their unregistered and allegedly unlawful activities in New York and sent letters to three...more
10/29/2021
/ Cryptocurrency ,
Decentralized Finance (DeFi) ,
Enforcement Actions ,
Financial Markets ,
Financial Services Industry ,
Lenders ,
New York ,
Regulatory Violations ,
Securities Transactions ,
Stablecoins ,
State Attorneys General ,
Virtual Currency
The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"). In Tymar Distribution LLC v....more
The California Attorney General ("AG") has issued guidance reminding health care providers of their duty to report health care data breaches and to comply with other state and federal data privacy laws....more
9/15/2021
/ Cyber Attacks ,
Data Breach ,
Data Protection ,
Electronic Medical Records ,
Health Care Providers ,
HIPAA Breach ,
Information Technology ,
Network Security ,
New Guidance ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management
Introduction Colorado has joined California and Virginia as the third state with a comprehensive data privacy law. On July 7, 2021, Colorado Governor Polis signed the Act into law, following the Colorado Senate's passage of...more
7/8/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Controller ,
Data Management ,
Data Privacy ,
Data Processors ,
Data Protection ,
Information Governance ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Standards ,
State and Local Government
The U.S. Supreme Court strikes down California law requiring charitable organizations to disclose their donors to the state. On July 1, 2021, the U.S. Supreme Court in Americans for Prosperity Foundation (AFP) v. Bonta held...more
More than a year ago the world fell victim to a global pandemic that would change life in ways that could never have been predicted. In the early stages of the pandemic, we published a White Paper directed at financial...more
The Situation: The New York Department of Financial Services ("NYDFS") has established a Statewide Office of Financial Inclusion and Empowerment, providing yet another example of state and federal regulators prioritizing fair...more
A new Florida law provides civil immunity from COVID-related lawsuits to defendants that complied in good faith with government health standards, and it imposes heightened pleading and proof requirements on plaintiffs.
On...more
The business community can expect Bonta to promote employee and union rights, enforce consumer protection statutes, and police climate regulations. He is also expected to devote attention to criminal justice reform....more
State attorneys general have become significant players in the financial world, using a number of special investigative and enforcement tools to investigate and prosecute alleged wrongdoing by financial market participants....more
The Situation: With a new federal administration committed to expansive environmental policy change, a wave of state attorney general environmental action is likely also on the horizon.
The Result: As new environmental...more
On March 2, 2021, Virginia joined California in enacting a generally applicable consumer data privacy law.
Virginia has become the second U.S. state to enact a comprehensive data privacy law. On March 2, 2021, Governor...more