On June 28, in a 6-3 decision of Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., 603 U.S. ___ (2024), the Supreme Court overturned a 40-year precedent known as “Chevron deference,” which required...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
In November 2023, Responsible Innovation Labs (RIL), a coalition of technology industry founders and investors focused on responsible innovation, published a set of guidelines for AI development and investment titled...more
On October 30, 2023, President Joe Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order) that addresses the responsible use of artificial intelligence (AI)...more
On October 27, 2023, the Federal Trade Commission (FTC) further tightened requirements to safeguard customers’ financial information in the hands of financial institutions, with their release of a new amendment (Amendment) to...more
10/31/2023
/ Amended Rules ,
Breach Notification Rule ,
Customer Information ,
Data Security ,
Encryption ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Mortgage Lenders ,
Non-Bank Lenders ,
Payday Loans ,
Safeguards Rule
Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s...more
7/25/2023
/ Advertising ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Testimonial Statements
On May 25, 2023, Gary Gensler, Chairperson of the U.S. Securities and Exchange Commission (SEC), spoke at an Investment Company Institute leadership conference and discussed SEC proposals that address potential instability in...more
In the latest installment of Lowenstein Sandler's Cybersecurity Awareness Series, Ken Fishkin speaks with Kathleen A. McGee, partner in Lowenstein’s The Tech Group and White Collar Criminal Defense practice group; Kate...more
In response to major cyber-related attacks caused by software security flaws, such as the SolarWinds breach, the Biden administration is gearing up to crack down on software providers that distribute products with security...more
In its efforts to address cybersecurity risks, the U.S. Securities and Exchange Commission (“SEC”) continues to propose rules on cybersecurity. Most recently, on March 15, 2023, the SEC announced its proposal of three...more
On February 22, 2023, the Department of Justice (DOJ) announced a nationwide Voluntary Self-Disclosure Policy (VSD Policy), which goes into effect immediately and which is meant to strongly encourage self-disclosures. The...more
Yesterday, the Second Circuit rejected U.S. District Judge Jed S. Rakoff’s typical voir dire process and vacated a defendant’s criminal conviction, remanding the case for a new trial (United States v. Nieves, 2d Cir. Jan. 26,...more
On January 17, 2023, the Department of Justice (DOJ), Criminal Division, announced it has reassessed and strengthened its Corporate Enforcement Policy, which applies to all corporate criminal matters (including Foreign...more
On Aug. 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned cryptocurrency mixer Tornado Cash for allegedly helping launder more than $7 billion worth of cryptocurrency over three years.1...more
9/29/2022
/ Cryptocurrency ,
Decentralized Finance (DeFi) ,
Declaratory Relief ,
Economic Sanctions ,
FinCEN ,
Investors ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
U.S. Treasury ,
Voluntary Disclosure
On September 15, 2022, the Department of Justice (“DOJ”) announced several important changes to its policies for prosecuting corporate crime. Deputy Attorney General Lisa O. Monaco, who made the announcement in a speech at...more
Reaffirming DOJ’s focus on digital assets, the U.S. Attorney’s Office for the Southern District of New York today charged a defendant, for the first time ever, with insider trading in non-fungible tokens (NFTs). ...more
This week on “Regulatory Matters,” partner Doreen M. Edelman, chair of Lowenstein’s Global Trade & National Security group, interviews partner Kathleen A. McGee on her practice’s dual focus on White Collar Criminal Defense...more
On this episode of Regulatory Matters, Elizabeth Roper, Chief of the Cybercrime and Identity Theft Bureau at the Manhattan District Attorney's Office, talks with Kathleen A. McGee about her career in what is still a...more
Host Kathleen A. McGee speaks with Julie Samuels, founder and former Executive Director of Tech:NYC, about how policy affecting industries like the tech sector is developed through advocacy, legislation, and regulation, as...more
The U.S. has always had a law and order fixation, and the last few years have provided us with a veritable smorgasbord of alleged crimes, scandals, sexual misconduct, and political intrigue. Behind the scenes of every crime,...more
Welcome to Regulatory Matters, a podcast devoted to covering the ever-changing regulatory landscape affecting business today. Hosted by a group of women partners from Lowenstein Sandler who collectively cover much of this...more
Requirements under the proposed rules would include the disclosure of:
•Material cybersecurity incidents within four business days of the determination that a material cybersecurity incident has occurred in a Form 8-K-...more
3/22/2022
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Policies and Procedures ,
Popular ,
Proposed Rules ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC)
Third-Party Review Services are a Focus-
On January 25, the Federal Trade Commission announced that Fashion Nova LLC will be prohibited from suppressing customer reviews of its products and required to pay $4.2 million to...more
A major vulnerability (known as Log4j or Logshell) within Java-based applications is impacting millions of applications around the world. This issue affects most industries and is very dangerous if applications are not...more
As recent claims against Facebook CEO Mark Zuckerberg in relation to the Cambridge Analytica data-mining scandal continue to develop, Lynda, joined by Lowenstein attorneys Kathleen McGee, Partner in the firm’s White Collar...more
11/18/2021
/ Board of Directors ,
CEOs ,
Consumer Privacy Rights ,
Cyber Insurance ,
D&O Insurance ,
Data Privacy ,
Facebook ,
Mark Zuckerberg ,
Personal Liability ,
Risk Mitigation ,
Unfair or Deceptive Trade Practices
In this first session in our Cybersecurity Awareness Series, discover how to implement the “ounce of prevention, pound of cure” approach–specifically, what your organization can do to create a cybersecurity plan and...more