Author Info for Lowenstein Sandler LLP

Karen Abraham

Legal Trading Agreements: As Important Now as in 2008

Although it is unlikely that the recent failure of certain financial institutions will have an impact similar to the collapse of Lehman Brothers in 2008, the current climate does bring to mind that distressed era. In reviewing…more

Buy-Side Trading, Financial Crisis, Financial Institutions, Investment, Investment Management

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Lesley Adamo

Inflation Reduction Act Tax Implications

The President is expected to imminently sign the Inflation Reduction Act of 2022 (the “Act”), which was passed by both the Senate and House of Representatives. This Client Alert addresses two main tax provisions in the Act:..…more

Alternative Minimum Tax, Corporate Net Income, Corporate Taxes, Excise Tax, Foreign Corporations

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Arielle Adler

Preference Defense In the Wake Of The Pandemic: A Primer

Nothing is more frustrating to a trade creditor holding a large unpaid balance owed by a debtor in bankruptcy than the risk that payments the trade creditor received before the debtor filed bankruptcy may be clawed back by the…more

Administrative Expenses, Bankruptcy Code, Burden of Proof, Chapter 11, Chapter 7

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Courtney Alvarez

Five Tips To Help Navigate The Insurance Claims Process

Companies purchase liability insurance, often referred to as “litigation insurance,” to help manage the risk of lawsuits they may face. Most policyholders understand that they need to provide notice of claims, but there are a…more

Bad Faith, Billing, Defamation, Insurance Claims, Invasion of Privacy

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Oluwaseyi Amorin

FTC Publishes Blog Outlining Corporate Board Guidance For Data Security

Yesterday, the Federal Trade Commission (FTC) published data security guidance on their business blog that should be taken seriously by any corporate board. The article, “Corporate Boards: Don’t Underestimate Your Role in Data…more

Cyber Attacks, Cybersecurity, Data Security, Federal Trade Commission (FTC), Stakeholder Engagement

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Robert Aufseeser

Estate, Gift, and Income Tax Planning in the Time of COVID-19

First, and most important, we are thinking of all of our clients and friends and hoping everyone is safe and healthy at this challenging time. We have heard the following statement frequently of late: “Never let a crisis go…more

Asset Transfer, Charitable Lead Annuity Trust, Coronavirus/COVID-19, Estate Planning, Estate Tax

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Abbey Baker

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order 14105…more

China, Critical Infrastructure Sectors, Final Rules, Foreign Investment, Hong Kong

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H. Gregory Baker

Translating SEC Exam Priorities Into Compliance Action Items

On March 3, the U.S. Securities and Exchange Commission announced its examination priorities for 2021, providing a much-anticipated glimpse into the Biden administration's overall priorities for white collar criminal…more

Anti-Money Laundering, Biden Administration, Capital Markets, Chief Compliance Officers, Climate Change

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Scott Balterman

SEC Proposes New Rules and Amended Form PF Requirements for Private Fund Managers; Amended Annual Review Requirements and New Cybersecurity Rule for SEC-Registered Investment Advisers

What You Need To Know: •The SEC has proposed new rules applicable to private fund managers, some of which apply broadly to private fund managers that are not registered with the agency. •The SEC has proposed to…more

Audits, Cybersecurity, Fund Managers, Investment Adviser, Investment Advisers Act of 1940

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Batool Banker

Sign on the Dotted Line: Negotiating an Effective Employment Agreement

James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing…more

Contract Negotiations, Contract Terms, Employment Contract, Employment Terms, Hiring & Firing

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Dotan Barnea

What Non-US Startups Need to Know About Granting Stock Options

Partners Dotan Barnea and Darren Goodman talk with Taryn Cannataro about what a startup outside of the United States should do if it is considering granting stock options to employees in the U.S. Such situations give rise to…more

Employee Benefits, Executive Compensation, Incentive Stock Options, Startups, Stock Options

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Kate Basmagian

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration…more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Andrew Behlmann

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Lynda Bennett

D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part I)

In the first of two episodes, Lynda A. Bennett talks with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus, and…more

Corporate Governance, D&O Insurance, Enforcement Actions, Financial Regulatory Reform, Financial Services Industry

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John Berger

House Tax Proposal Would Restrict Grantor Trust Planning: What You Need To Know Now

On September 13, the House Ways & Means Committee proposed new tax provisions as part of the Build Back Better Act. The proposal includes many substantial tax changes that would affect personal income tax and business tax…more

Business Taxes, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

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Mikayla Berliner

Florida District Judge Invites Flood of Litigation Over Constitutionality of Qui Tam Suits

In an astonishing break from decades of False Claims Act (FCA) precedent, a Florida district court judge deemed the FCA’s qui tam provisions unconstitutional in United States ex rel. Zafirov v. Florida Medical Associates, LLC,…more

Abraham Lincoln, Appointments Clause, False Claims Act (FCA), Motion to Dismiss, Qui Tam

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Zachary Berliner

Going and Staying Green: Sustainability in Real Estate

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Zachary L. Berliner talk with Alex Lassiter, the CEO and founder of Greenplaces, which helps businesses navigate the complexities of carbon…more

Carbon Emissions, Climate Change, Corporate Social Responsibility, Environmental Policies, Environmental Social & Governance (ESG)

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Daniel Besikof

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Meredith Beuchaw

How Founders Can Get Paid (and Keep the Cash): A Practical Guide

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your…more

C-Corporation, Emerging Growth Companies, Employee Retention, Estate Planning, Exit Strategies

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Jessica Billeter

Material Investment Management Developments and Template Annual Compliance Checklists for Registered Investment Advisers, Exempt Reporting Advisers, Commodity Pool Operators, Commodity Trading Advisors, and Private Fund Managers

Lowenstein Sandler’s Investment Management Group is pleased to provide you with the summaries and checklists described below. Summaries of recent legal developments with respect to: •SEC’s 2023 Examination Priorities-…more

CFTC, Commodity Pool, Commodity Trading Advisors (CTAs), Custody Rule, Cybersecurity

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Andrew Bisbas

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - October 2024

The U.S. Commerce Department is soliciting comments on a proposed rule to prohibit importing and selling Vehicle Connectivity System hardware and software designed, developed, manufactured, or supplied by persons owned by,…more

Boycotts, CFIUS, China, Connected Cars, Customs and Border Protection

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Leiv Blad Jr.

FTC's Drop Of Illumina-Grail Merger Case Raises Uncertainty

A federal judge recently dismissed the Federal Trade Commission's challenge of Illumina Inc.'s acquisition of Grail Inc., a cancer-screening firm started and spun off years earlier by Illumina itself. A victory for the…more

Department of Justice (DOJ), EU, Federal Trade Commission (FTC), Mergers, Motion to Dismiss

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Jeffrey Blumenfeld

Federal Trade Commission Announces Higher 2022 HSR Thresholds

The Federal Trade Commission has announced new, nearly 10 percent higher premerger notification thresholds that will take effect February 23, 2022, and thus apply to transactions closing on or after that date. The new minimum…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

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Megan Bodie

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - December 26, 2024

As we wrote previously, the U.S. Department of the Treasury has issued a final rule that takes effect on December 26 that will dramatically raise the Committee on Foreign Investment in the United States (CFIUS) penalties from…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Canada, CFIUS, China

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Daniel Borneman

Trump Administration Plans Aggressive FCA Enforcement

At the Federal Bar Association’s annual qui tam conference in Washington, D.C. on Feb. 20, 2025, the Deputy Assistant Attorney General for the Department of Justice’s (DOJ) Commercial Litigation Branch, Michael Granston, said in…more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Naomi Barrowclough

SCOTUS to Address Circuit Split Over Arbitration Waiver

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to…more

Arbitration, Arbitration Agreements, Consumer Contracts, Fair Labor Standards Act (FLSA), First-to-File

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Matthew Boxer

DOJ Says You Can Put the Fire Out From Inside the House: New Voluntary Self-Disclosure Program Seeks to Root Out Corporate Crime From Within

Introduction: On April 15, 2024, the Department of Justice’s (DOJ) Criminal Division announced a new Pilot Program on Voluntary Self-Disclosure for Individuals. Under this program, individuals who voluntarily disclose certain…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Financial Crimes, Healthcare Fraud

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William Brannan

SEC Greenlights Proof-of-Work Mining

The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as Covered…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Howey

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Sarah Bridges

TALF 2020 Update

On May 12, 2020, the Federal Reserve Bank of New York (the Federal Reserve) announced further updates to the 2020 Term Asset-Backed Securities Loan Facility (TALF 2020), including an updated term sheet and its release of the…more

Asset-Backed Securities, Borrowers, CARES Act, Coronavirus/COVID-19, Federal Reserve

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Michael Brosse

Restrictive Covenants in Connection With a Sale of a Business Cannot be Overbroad

Business owners and transaction lawyers who view non-compete agreements as standard in connection with the sale of a business should be careful not to overreach in imposing restrictive covenants on sellers in purchase agreements…more

Non-Compete Agreements, Purchase Agreement, Restrictive Covenants, Selling a Business, Shareholders

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Kegan Brown

NJDEP Issues Fact Sheet on PFAS Environmental Sampling

On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible for…more

Contaminated Properties, Environmental Policies, NJDEP, PFAS, Site Remediation

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Bruce Buechler

The Consolidated Appropriations Act Of 2021 Amendments To The Bankruptcy Code As It Pertains To Business Debtors

On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 (the Act), which was just signed by President Donald Trump. The Act makes certain amendments to the United States Bankruptcy Code (the Bankruptcy…more

Bankruptcy Code, CARES Act, Chapter 11, Consolidated Appropriations Act (CAA), Creditors

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Michael Buxbaum

Paycheck Protection Program Round 2: FAQs For Microbusinesses

The Paycheck Protection Program closed on May 28, 2021. The SBA is no longer accepting new applications from participating lenders. The following FAQs are for informational purposes only and to assist borrowers who obtained…more

Borrowers, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Independent Contractors

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Matthew Cammarata

Real Estate Investing: The Tax Perspective

Today on “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey Tyler and Stephen Tanico talk with tax attorneys and Lowenstein colleagues Sophia Mokotoff and Matthew F. Cammarata about important tax issues to keep…more

Capital Gains, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Investment Property

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Pati Candelario

Emerging Threat: Task-Based Employment Scams Target Businesses and Their Employees

A new wave of sophisticated gamified job scams, often called task scams, is targeting both companies and job seekers, according to recent Federal Trade Commission (FTC) data. These scams trick people into performing simple, fake…more

Documentation, Employee Training, Federal Trade Commission (FTC), Internal Controls, Risk Management

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Taryn Cannataro

Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective

In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an M&A…more

Acquisitions, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retention

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Jeremy Cantor

SEC Clarifies Accredited Investor Verification for Rule 506(c) Offerings

The Securities Act of 1933, as amended (Securities Act), requires that any offer or sale of securities in the United States must either be registered with the SEC or qualify for an exemption to registration thereunder…more

Broker-Dealer, Capital Markets, Compliance, Financial Regulatory Reform, Investment

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J. Danielle Carr

Inclusion Killers

When I graduated from law school, all I knew about the legal profession I was about to enter was that I was going to make more money than all of my immediate family members combined (yes, I come from a small family but, at the…more

Bias, Diversity and Inclusion Standards (D&I), Inequitable Conduct, Offensive Language, Racial Bias

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Eric Chafetz

Bankruptcy in Real Estate: What to Do When Faced with Foreclosure?

This episode of “Terra Firma: Conversations on Commercial Real Estate” features hosts Stacey C. Tyler and Stephen Tanico talking with Eric Chafetz, partner in Lowenstein’s Bankruptcy and Restructuring Group, about office market…more

363 Sales, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Rasmeet Chahil

Why Firms Should Help Associates Do More Pro Bono Work

Associates may hesitate to take on pro bono matters due to the added commitment, but pro bono work has tangible benefits for both associates and law firms. Associates get hands-on experience and learn necessary skills that…more

Client Services, Law Firm Associates, Pro Bono, Professional Development, Young Lawyers

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Deangeor Chin

Jemimah Orevaoghene: A Lesson on Investing with your Sixth Sense

In this episode of Venture Voices, Deangeor Chin and Raquel Smith of Lowenstein’s Africa practice speak with Jemimah Orevaoghene, a Venture Capital Director at Morgan Stanley and Africa portfolio leader, about her unique…more

Africa, Angel Investors, Capital Markets, Entrepreneurs, Financial Institutions

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Leo Choi

CFTC Staff Seeks Public Feedback on Perpetual Contracts and 24/7 Trading

On April 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Divisions of Market Oversight, Clearing and Risk, and Market Participants issued two requests for comments soliciting public feedback related to the potential…more

CFTC, Derivatives, Financial Institutions, Financial Markets, Public Comment

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Lowell Citron

SVB Financial Group Files for Chapter 11 Bankruptcy

Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the…more

Bank Holding Company, Bankruptcy Code, Bankruptcy Court, Banks, Bridge Banks

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Anthony Cocuzza

DOJ Releases Updated Guidance for Evaluating Corporate Compliance Programs

Use of Data Analytics and Access to Compliance Resources Among New Considerations On June 1, 2020, the United States Department of Justice (DOJ) updated its “Evaluation of Corporate Compliance Programs,” a guidance document used…more

Compliance, Compliance Monitoring, Department of Justice (DOJ), Employee Training, Federal Prosecutors

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Jeffrey Cohen

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Sarah Cole

Mastering Management and Emotional Intelligence for Women Attorneys

Today on “Real Talk,” Nicole Fulfree, Megan Monson, and Sarah Cole address the dos and don’ts for women attorneys seeking to develop effective management skills, emphasizing the critical role of emotional intelligence in legal…more

Best Management Practices, Career Development, Corporate Management, Diversity and Inclusion Standards (D&I), Firm Leadership

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Carly Coleman

Infinity Q Investors Sue Founder of Collapsed $1.7 Billion Fund After Fraud Charges

Investors in Infinity Q Capital Management’s (Infinity Q) funds filed a proposed class action against the firm last week after the fund’s founder was charged with securities fraud and obstruction of justice for allegedly…more

CFTC, Class Action, Investors, Mutual Funds, Obstruction of Justice

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Richard Connors III

DOJ Announces New Safe Harbor Policy for Reporting of Misconduct in Connection With M&A Transactions

On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her…more

Anti-Corruption, Antitrust Division, Compliance, Corporate Governance, Corporate Misconduct

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Christian Contardo

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - December 26, 2024

As we wrote previously, the U.S. Department of the Treasury has issued a final rule that takes effect on December 26 that will dramatically raise the Committee on Foreign Investment in the United States (CFIUS) penalties from…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Canada, CFIUS, China

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Raymond Cooper

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside…more

Agribusiness, Agricultural Sector, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Justin Corbalis

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the…more

Commercial Contracts, Contract Termination, Contract Terms, Coronavirus/COVID-19, Corporate Counsel

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Alexander Corson

Insurer Bad Faith: New York Cracks Down on ‘Wait and See’ Claims Handling

Insurer bad faith may take many forms. While policyholders are sometimes familiar with the quintessential bad faith fact pattern – a liability insurer’s failure to settle within policy limits – the New York Appellate Division…more

Bad Faith, Denial of Insurance Coverage, Failure to Investigate, Insurance Claims, Insurance Industry

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George Danenhauer

Alternative Data Poised for More Growth in the Age of AI: The 2024 Lowenstein Sandler Alternative Data Report

Over the last six years, investment management professionals have steadily increased their use of alternative data to improve decision-making, optimize portfolios, improve due diligence, and boost returns. Now, with widely…more

Algorithms, Analytics, Artificial Intelligence, Data Brokers, Data Management

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Jonathan Danziger

“Shadow Trading” is Insider Trading: Jury Establishes Liability in Historic Shadow Trading Case

On April 5, 2024, a jury found Matthew Panuwat civilly liable for insider trading in violation of federal securities laws in a first-of-its-kind “shadow trading” case (also referred to as “sympathy trading”), which was commenced…more

Insider Trading, Investment Firms, Misappropriation, MNPI, Publicly-Traded Companies

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Bernadette Darcy

FTC Promulgates New Rules on Deceptive Endorsements, Fake Reviews, and False Testimonials

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 what…more

Advertising, Compliance, Disclosure Requirements, Endorsements, Fake Reviews

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Craig Dashiell

Federal Venues May Not Be Available in Lawsuits That Members File Against Limited Liability Companies

The common train of thought when litigating as an out-of-state defendant is that it is best to be venued in federal court so as to eliminate any advantage an in-state plaintiff might have with a local jury. Typically, foreign…more

Citizenship, Diversity Jurisdiction, Federal Jurisdiction, Foreign Corporations, Forum Selection

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Mitchell DaSilva

SEC Proposes Rules to Enhance ESG Disclosures by Advisers and Registered Funds

On May 25, 2022, the Securities and Exchange Commission (SEC) proposed rules to (i) enhance and standardize the disclosures of Advisers and Registered Funds, related to the incorporation of environmental, social, and governance…more

Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser, Investment Company Act of 1940, Investment Funds

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Madhumita Datta Ph.D.

USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for…more

Patent Applications, Patent-Eligible Subject Matter, Patents, Pilot Programs, Prioritized Examination

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Jennifer Fiorica Delgado

Drafter Beware: Recent New York Decision Reaffirms the Continuing Vitality of Public Policy in Enforcing Choice-of-Law Provisions

Every day, attorneys act as advisors to parties negotiating and drafting contracts. Among those terms often left to the lawyers are choice-of-law provisions. Which state’s law governs a dispute, in theory, should not matter…more

Choice-of-Law, Contract Drafting, Intent, Interest Rate Caps, Interest Rates

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Christopher Dernbach

Virginia Hospital Indicted for Allegedly Turning a Blind Eye to Doctor’s Crimes

In an unusual criminal prosecution, the Chesapeake Regional Medical Center (CRMC), a hospital in Chesapeake, Virginia, was indicted last week by a federal grand jury in Virginia for conspiring to defraud the United States and…more

Compliance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Fraud

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Eric DiFiore

Reminder–Form SHC: Report of U.S. Ownership of Foreign Securities Due March 4, 2022

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) background information on the purpose and applicability of Form SHC (“Form SHC”); (ii) a summary of its contents; (iii) considerations for…more

Certificate of Deposit, Federal Reserve, Foreign Securities, Form SHC, Hedge Funds

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Joseph DiPasquale

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox

In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the current…more

Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring

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Lauren Van Driesen

Best Practices To Ensure DPA Compliance After Ericsson

On Oct. 21, Ericsson Inc. disclosed that the U.S. Department of Justice asserted that the company had "breached its obligations" under a 2019 deferred prosecution agreement "by failing to provide certain documents and factual…more

Bribery, Consent Decrees, Corporate Governance, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Claire Dronzek

Introducing Gen Z: Understanding the New Generation of Lawyers and How Their Perspective Could Shift Workplace Norms

On today’s episode, Rachel Moseson Dikovics, Amanda K. Cipriano, Claire Dronzek, and Lauren Russell discuss Gen Z’s perspective of young lawyers on issues such as work-life balance, organizational values, and mentorship. They…more

Career Development, Corporate Culture, Diversity, Generation Z, Law Firm Associates

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Alexandra Droz

The SEC Division Of Enforcement Publishes 2020 Results

On November 2, the Securities and Exchange Commission’s Division of Enforcement (the Division) published its 2020 Annual Report (the Report), which details the Division’s fiscal year (FY) ending September 30, 2020,…more

Broker-Dealer, Coronavirus/COVID-19, Disgorgement, Enforcement, Enforcement Actions

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Doreen Edelman

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order 14105…more

China, Critical Infrastructure Sectors, Final Rules, Foreign Investment, Hong Kong

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Bettina Elstroth

SEC Expands The Accredited Investor Definition

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments (the Amendment) to the “accredited investor” definition to broaden the category of potential investors in private offerings of securities exempt…more

Accredited Investors, Federal Register, Limited Liability Company (LLC), Regulation D, Rural Business Investment Companies (RBICs)

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Brittany Esser

Key Structured Finance and Secondary Market Loan Trading Provisions of the CARES Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”). This alert summarizes key structured finance and secondary market loan trading provisions of the…more

CARES Act, Coronavirus/COVID-19, Mortgages, Secondary Markets, Structured Finance

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Michael Etkin

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Frank Eucalitto

From Operator to Investor: How One General Partner Selects Her Investment Vehicles

In this episode of “Crypto Innovators,” Lowenstein Crypto’s Frank Eucalitto speaks with Aubrie Pagano, general partner at Alpaca VC, about her journey from operator to investor. Pagano discusses how her lived experience as a…more

Blockchain, Cryptocurrency, Investment Funds, Investment Management, Investment Opportunities

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Waleey Fatai

NIST Releases Cybersecurity Framework 2.0

The National Institute of Science and Technology (NIST) has released NIST Cybersecurity Framework (2.0) (Framework 2.0). NIST released two earlier versions of the Framework for Improving Critical Infrastructure Cybersecurity in…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Federal Trade Commission (FTC), NIST

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Ryan Fennell

District of Oregon Holds Corporate Transparency Act Likely Constitutional; Denies Preliminary Injunction

On September 20, the District Court for the District of Oregon denied a motion for a preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA) on the basis that the plaintiffs’ claim that the CTA was…more

Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Eighth Amendment, Oregon

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Katherine Ferrara

Trump Administration Plans Aggressive FCA Enforcement

At the Federal Bar Association’s annual qui tam conference in Washington, D.C. on Feb. 20, 2025, the Deputy Assistant Attorney General for the Department of Justice’s (DOJ) Commercial Litigation Branch, Michael Granston, said in…more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Gianfranco Finizio

Fifth Circuit Rejects Non-Pro Rata Uptier Transaction From Serta Simmons; Landmark Ruling May Have Chilling Effect on Similar Uptier Transactions

On December 31, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (the Court or the Fifth Circuit) held that the controversial $200 million Serta Simmons Bedding (SSB) uptier financing transaction…more

Adversary Proceedings, Appellate Courts, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Joseph Fischetti

A Reminder That Rule 23 Requires Hearings on All Proposed Class Settlements, Even If There Are No Objectors

Certain class action settlements—like employment and consumer settlements—will very often draw objections from absent class members. But other types of settlements with more sophisticated absent class members—like antitrust and…more

Class Action, Class Members, Fairness Hearings, Objections, Settlement Agreements

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Ken Fishkin

Top AI Risks General Counsels Should Address

Considering the rapid development and deployment of artificial intelligence (AI) in a wide array of applications and business sectors, it can be a daunting task for a company’s General Counsel (GC) to keep pace in identifying…more

Artificial Intelligence, Compliance, Corporate Counsel, Cybersecurity, Data Privacy

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Seth Fiur

Keeping Insurers In the Game: Navigating New Jersey’s Duty to Defend After a Recent Supreme Court Opinion

Companies purchase insurance for litigation protection in the form of an insurer’s duty to defend lawsuits. Under New Jersey law, the duty to defend begins with the filing of a complaint that includes allegations that might…more

Commercial General Liability Policies, Duty to Defend, Insurance Industry, NJ Supreme Court, Policy Exclusions

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Nathan Ford

SEC Provides Guidance to Newly Registered Investment Advisers

The Securities and Exchange Commission (the SEC) routinely prepares Division Risk Alerts to provide helpful information to federally registered investment advisers (advisers). On March 27, the SEC released a Division Risk Alert…more

Disclosure Requirements, Investment Adviser, Policies and Procedures, Registered Investment Advisors, Risk Alert

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Daniel Forman

SEC Clarifies Stance on Disclosures Relating to Crypto Assets

The Guidance provides the Division’s views regarding certain disclosure requirements under Regulation S-K, specifically with respect to disclosures contained within Form S-1 (registration statements), Form 10-K (reporting…more

Blockchain, Cryptocurrency, Digital Assets, Disclosure Requirements, Investors

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Nicole Fulfree

“Parents Under Pressure”: The Surgeon General’s Warning About Parental Stress and How Law Firms Should Address It

In this episode of “Real Talk,” Lowenstein lawyers Megan Monson, Nicole Fulfree, and Rachel Moseson Dikovics discuss the Surgeon General’s recent advisory titled “Parents Under Pressure,” which described the state of American…more

Employee Benefits, Health and Safety, Mental Health, Professional Responsibility, Public Health

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Jamie Gottlieb Furia

Pandemic Is Changing Compassionate Release Calculus

The risk of becoming infected with COVID-19 while incarcerated is significant and widely documented in the U.S. On Thursday, the Federal Bureau of Prisons reported that 4,718 federal inmates and 2,049 bureau staff members…more

Attorney General, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Federal Sentencing Guidelines, Infectious Diseases

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Zachary Furnald

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on…more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

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Camila Garces

How To Avoid Federal Criminal And Civil Penalties In Connection With Applications For PPP Loans

The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) is a forgivable loan program created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the PPP, which has a $349 billion…more

Borrowers, CARES Act, Coronavirus/COVID-19, Criminal Penalties, Department of Justice (DOJ)

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Christopher Gerold

New Jersey Wants Its Own BitLicense Regulation

New Jersey is poised to adopt sweeping cryptocurrency and blockchain regulations with the passage of the Digital Asset and Blockchain Technology Act (the Act). If adopted, the Act would radically change the regulatory landscape…more

Blockchain, Cryptocurrency, Digital Assets, Licenses, New Jersey

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Paul Giannoglou

Judge Rakoff Takes Aim at ‘Trial Penalty’

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in…more

Appeals, Constitutional Challenges, Criminal Justice Reform, Criminal Procedure, Criminal Prosecution

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Justin Gindi

SBA Loans Regs: The “Bootleg” Redline of SBA Affiliation Rule §301(f) (the changes you’re not seeing online!)

There’s been confusion about the rules governing eligibility for SBA Section 7(a) loans, which we’ve elsewhere written about.1 That confusion focused on whether to conduct “affiliation” analysis under Section in Title 13 CFR…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), SBA

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Maya Ginsburg

Fifth Circuit Reviews Private Fund Advisers Rule

A “private fund” is an investment vehicle that is not required to be registered or regulated as an investment company under the Investment Company Act of 1940 (the ICA). Private funds are typically accessible only to accredited…more

Investment Adviser, Investment Company Act of 1940, Investors, Private Funds, Registered Funds

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Andy Gong

Startups: Beneficial Ownership Filings May Be Required After January 1, 2024

Founders and operators, is your company prepared to report its Beneficial Ownership Information (BOI)? Unless an exemption applies, you may be required under the Corporate Transparency Act (CTA) to identify and report the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Early Stage Companies, Employer Identification Number (EIN)

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Louise Gong

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on…more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

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Darren Goodman

Stock Options and Section 409A: What You Need to Know

On this episode of Just Compensation, Jessica Kriegsfeld speaks with Darren Goodman and Taryn E. Cannataro about stock options and Section 409A of the tax code, a complicated set of rules regulating the taxation of…more

Compensation & Benefits, Deferred Compensation, Income Taxes, Section 409A, Stock Options

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Ryan Goodwin

Surprise! New Jersey Health Care Providers Face Compliance With New Federal Out-Of-Network Law

In addition to providing funding for the federal government and for COVID-19 relief, the recently enacted Consolidated Appropriations Act, 2021, also includes legislation to safeguard patients from unexpected or “surprise”…more

Consolidated Appropriations Act (CAA), Dispute Resolution, Health Care Providers, Medical Bills, Out of Network Provider

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MIchael Gooen

House Tax Proposal Would Restrict Grantor Trust Planning: What You Need To Know Now

On September 13, the House Ways & Means Committee proposed new tax provisions as part of the Build Back Better Act. The proposal includes many substantial tax changes that would affect personal income tax and business tax…more

Business Taxes, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

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Michael Gordon

The Critical Importance of an Effective Investment Policy Statement

Introduction- An IPS is an integral policy document for any organization to reduce corporate cash management and investment risks. It outlines an entity's cash management processes and strategies, and its investment goals…more

Board of Directors, Capital Investments, Corporate Management, Economic Growth, Financial Adviser

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David Goret

The SEC’s Private Fund Adviser Rules Explained — Part 3: Deciphering a Private Fund Manager’s Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act), that are expected to have a wide-ranging impact on…more

Advisors Act, Anti-Fraud Provisions, Bad Faith, Best Interest Standard, Breach of Duty

See all updates »

Jason Gould

Judge Rakoff Takes Aim at ‘Trial Penalty’

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in…more

Appeals, Constitutional Challenges, Criminal Justice Reform, Criminal Procedure, Criminal Prosecution

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Kevin Grange

USPTO Announces Accelerated Patent Issuance Timeline

Summary: The United States Patent and Trademark Office (USPTO) has accelerated the patent issuance timeline due to modernization efforts, which include publishing electronic patent grants (eGrants) via the USPTO’s Patent Center…more

Intellectual Property Protection, Patent Applications, Patents, Regulatory Reform, Regulatory Requirements

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Andrew Graw

The Advantages and Requirements for Severance Plans Subject to ERISA

This episode of “Just Compensation” features Andrew E. Graw, Megan Monson, and Jessica I. Kriegsfeld of Lowenstein Sandler's Executive Compensation and Employee Benefits group discuss when severance plans will be subject to…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues, Fiduciary Duty, Retirement Plan

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Steven Grayes

Texas Federal District Court Rules Corporate Transparency Act Likely Unconstitutional, Issues Nationwide Preliminary Injunction

On December 3, 2024, a federal district court in Texas issued a nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA).1 The court indicated that the CTA is “likely unconstitutional,”…more

Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Peter Greene

Investment Organizations Continue to Find Value in Alternative Data, Despite Challenges and Cost

Findings from a survey by Lowenstein Sandler LLP suggest increased use and a maturing landscape when it comes to alternative data. Ninety-two percent of investment organizations—including hedge funds, private equity, and…more

Data Collection, Hedge Funds, Investment Funds, Online Platforms, Portfolio Managers

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James Gregory

Sign on the Dotted Line: Negotiating an Effective Employment Agreement

James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing…more

Contract Negotiations, Contract Terms, Employment Contract, Employment Terms, Hiring & Firing

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Philip Gross

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Bridget Harris

The Secret Child

Wills: An estate planner and a Shakespearean scholar talk about the right way—and the many wrong ways—to design your will. Speakers: Warren Racusin, Chair, Trusts & Estates Bridget Harris, Counsel, Trusts & Estates Mary Bly,…more

Beneficiaries, Beneficiary Designations, Estate Planning, Heirs, Inheritance

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Mark Heinzelmann

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C…more

Amended Regulation, Buyers, Contaminated Properties, Due Diligence, Hazardous Substances

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Edgar Hidalgo CIPP/US

Virginia Approves New Data Privacy Law: States Take The Lead As U.S. Trends Closer To Europe’s GDPR

On March 2, the Virginia Consumer Data Protection Act (VCDPA) was signed into law, becoming the second comprehensive state privacy law in the United States. The VCDPA reflects core principles from the California Consumer Privacy…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, General Data Protection Regulation (GDPR)

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Mary Hildebrand CIPP/US/E

The EU Artificial Intelligence Act of 2024: What You Need To Know

On August 2, the European Union Artificial Intelligence Act (the Act) became effective. It is the world’s first comprehensive legal framework for regulating artificial intelligence (AI) and aims to ensure that AI products and…more

Artificial Intelligence, Data Privacy, Data Protection, Digital Service Providers, EU

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Michael Himmel

Trends in White Collar Crime Enforcement: Looking Back on 2021 and Ahead to 2022

Theranos, Trump Organization, Operation Varsity Blues, DEI, ESG and More: Experts Expect SEC and DOJ Actions to Ramp Up in 2022- 2022 will likely be a lot like 2021, only more so. With most key federal positions filled, the…more

Anti-Money Laundering, Bank Secrecy Act, Civil Rights Act, Coronavirus/COVID-19, Cryptocurrency

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Matthew Hintz

Emerging Threat: Task-Based Employment Scams Target Businesses and Their Employees

A new wave of sophisticated gamified job scams, often called task scams, is targeting both companies and job seekers, according to recent Federal Trade Commission (FTC) data. These scams trick people into performing simple, fake…more

Documentation, Employee Training, Federal Trade Commission (FTC), Internal Controls, Risk Management

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Arik Hirschfeld

SEC Adopts Amendments to Form PF for Registered Investment Advisers to Private Funds

On May 3, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted amendments to Form PF, the confidential form by which certain SEC-registered investment advisers report information pertaining to the private funds they…more

Annual Reports, Brokers, Clawbacks, FSOC, Hedge Funds

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Robert Hirsh

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox

In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the current…more

Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Corporate Restructuring, Debt Restructuring

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Christina Holder

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund…more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Lauren Hollender

Pregnant Workers Glowing Over New Pregnancy Related Rights and Benefits

Pregnant workers will soon have the right to an expanded range of accommodations under the final regulations interpreting the federal Pregnant Workers Fairness Act (PWFA). Those regulations, issued by the Equal Employment…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Job Duties, Lactation Accommodation, Pregnant Workers Fairness Act

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Elie Honig

New Jersey’s New Police Use Of Force Policy Is Another Step In The Right Direction

The use of force policy issued this week by Attorney General Gurbir Grewal and a coalition of law enforcement and community leaders will serve as a national model and represents another groundbreaking step forward for New…more

Attorney General, Law Enforcement, New Jersey, Police, Policies and Procedures

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Ted Hunter

Feds Reach Into Real Estate Deals Extended In Name Of National Security

Could your upcoming commercial real estate transaction or investment raise national security concerns? Under recently developed federal law, the Committee on Foreign Investment in the United States (CFIUS), a long-standing…more

CFIUS, Commercial Real Estate Market, Department of Defense (DOD), FBI, Foreign Investment

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Farah Hussain

U.S. Treasury Issues Notice of Anti-Money Laundering Regulations for Residential Real Estate Transfers

On Feb. 7, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM)1 in response to illicit finance risks identified in the U.S. residential real estate…more

Anti-Money Laundering, Bank Secrecy Act, FinCEN, NPRM, Popular

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Vanessa Ignacio

USPTO To Issue Trademark Electronic Registration Certificates and Shorten Office Action Response Timelines

In its ongoing efforts to modernize its practices and increase the efficiency of examination, the United States Patent and Trademark Office (USPTO) is implementing two changes to issuance of trademark registration certificates…more

Electronic Filing, Registration, Trademark Registration, Trademarks, USPTO

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Diana Ingallinera Faillace

Preparing Your Company for FinCEN’s Beneficial Ownership Reporting Requirements

On September 29, 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule implementing the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Exemptions

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Rachel Ingwer

Material Investment Management Developments and Template Annual Compliance Checklists for Registered Investment Advisers, Exempt Reporting Advisers, Commodity Pool Operators, Commodity Trading Advisors, and Private Fund Managers

Lowenstein Sandler’s Investment Management Group is pleased to provide you with the summaries and checklists described below. Summaries of recent legal developments with respect to: •SEC’s 2023 Examination Priorities-…more

CFTC, Commodity Pool, Commodity Trading Advisors (CTAs), Custody Rule, Cybersecurity

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Ana Jara

SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs

In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s bank…more

Criminal Liability, Emerging Growth Companies, Fair Labor Standards Act (FLSA), FDIC, Financial Institutions

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Zarema Jaramillo

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new…more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Eric Jesse

In Bad Faith: Understanding Bad Faith Claims and Policyholder Protection

In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example of…more

Bad Faith, Breach of Contract, Choice-of-Law, Denial of Insurance Coverage, Insurance Claims

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Manali Joglekar CIPP/US, CIPP/E, CIPT

Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action

With advances in digital technology and consumers’ insatiable appetite for “free” content, the advertising technology industry (AdTech) has played a crucial role in delivering highly personalized ad campaigns to consumers while…more

Adtech, Advertising, Consent, Consumer Privacy Rights, Data Brokers

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Robert Johnston Jr.

FinCEN’s Weekend Present: No More CTA for U.S. Companies

As discussed in our March 4 Client Alert, following its February 27 and March 2 announcements suspending enforcement of the Corporate Transparency Act (CTA) and promising additional CTA compliance guidance, on the evening of…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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Sabrina Jorge

Fake It till You Break It: Insurance Coverage Implications for ChatGPT Mishaps

ChatGPT, an Artificial Intelligence (AI) chatbot created by OpenAI, has taken the legal world by storm since it first launched in November 2022. The chatbot gained notoriety for its cutting-edge ability to answer questions and…more

Artificial Intelligence, Bad Faith, Damages, False Statements, Fines

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Markiana Julceus

Leveraging the Clerkship Experience When Transitioning to Private Practice

In this episode of “Real Talk,” Nicole Fulfree and Amanda Cipriano talk with Lowenstein associates Mikayla Berliner and Markiana Julceus about judicial clerkships, including the benefits they gained from their respective…more

Career Development, Law Clerks, Law Firm Associates, Law Firm Partners, Professional Development

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Wojciech Jung

Risk of Personal Liability Despite Incorporation

One of the fundamental principles of corporate law is that the owners, directors and officers of a corporate entity generally are not personally responsible for the entity’s debts. Without this insulation from personal…more

Creditors, Employee Retirement Income Security Act (ERISA), Family Businesses, Fiduciary Duty, Financial Statements

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Erich Kaletka

SEC Settlement Highlights Continued Scrutiny of Off-Channel Communications

On April 3, 2024, the U.S. Securities and Exchange Commission (SEC) announced yet another settlement regarding “off-channel communications.” As we have previously written about, settlements of this type have become increasingly…more

Advisors Act, Broker-Dealer, Electronic Communications, Investment Adviser, Policies and Procedures

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Jimmy Kang

SEC’s Pay-to-Play Crackdown: Settlement Sends Strong Message on Political Contributions

On August 19, 2024, the U.S. Securities and Exchange Commission (SEC) settled with a registered investment adviser (Adviser),1 whereby the Adviser paid a $95,000 civil money penalty in addition to being censured for violations…more

Campaign Contributions, Closed-End Funds, Federal Elections, Government Entities, Government Officials

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Michael Kaplan

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,…more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Sydney Kaplan

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new…more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Beth Shapiro Kaufman

Can’t Kick the Can Any More—How the Expiring Tax Cuts Could Affect You

On this episode of “Splitting Heirs,” partner Warren K. Racusin, Chair of Lowenstein’s Trusts & Estates practice, invites Beth Shapiro Kaufman, Lowenstein Sandler partner and National Chair of the Private Client Services group,…more

Deceased Spousal Unused Exclusion, Estate Planning, Estate Tax, Estate-Tax Exemption, Heirs

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Jared Kelly

Has the SPAC Bubble Burst? Part 2: The SEC’s New Rules

Lynda A. Bennett continues her conversation with Capital Markets & Securities partner Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff Sawyer, about SPACs, deSPACs, the SEC’s new rules…more

Banking Sector, Initial Public Offering (IPO), Insurance Industry, New Rules, Securities and Exchange Commission (SEC)

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Mark Kesslen

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s copyrighted…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Phillip Khezri

The Role of a Creditors’ Committee to Investigate, Preserve, and Pursue Causes of Action in Crypto Bankruptcies

Lowenstein Sandler’s previous articles on crypto bankruptcies discussed the role of a creditors’ committee in protecting the rights of customers and confirmation issues arising in crypto cases. This article will delve deeper…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Creditors

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Kenneth Kirschenbaum

SEC Highlights Need For Improvements In Investment Adviser And Private Fund ESG Policies, Procedures, And Practices

On April 9, 2021, the U.S. Securities and Exchange Commission (the SEC) released results from its recent examinations of particular investment advisers, registered investment companies, and private funds (the firms) that purport…more

Environmental Social & Governance (ESG), Investment Adviser, Investment Advisers Act of 1940, Policies and Procedures, Portfolio Managers

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P. "Kai" Knight

NIST Releases Cybersecurity Framework 2.0

The National Institute of Science and Technology (NIST) has released NIST Cybersecurity Framework (2.0) (Framework 2.0). NIST released two earlier versions of the Framework for Improving Critical Infrastructure Cybersecurity in…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Federal Trade Commission (FTC), NIST

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Amy Komoroski Wiwi

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in…more

Employment Discrimination, Harassment, NJ Supreme Court, NJLAD, Non-Disparagement Provisions

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Kei Komuro

U.S. Outbound Investment Controls Set to Take Effect January 2, 2025

On October 28, 2024, the U.S. Department of the Treasury issued a Final Rule establishing the new Outbound Investment Security Program, set to take effect on January 2, 2025. This program, implemented under Executive Order 14105…more

China, Critical Infrastructure Sectors, Final Rules, Foreign Investment, Hong Kong

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Benjamin Kozinn

Investment Organizations Continue to Find Value in Alternative Data, Despite Challenges and Cost

Findings from a survey by Lowenstein Sandler LLP suggest increased use and a maturing landscape when it comes to alternative data. Ninety-two percent of investment organizations—including hedge funds, private equity, and…more

Data Collection, Hedge Funds, Investment Funds, Online Platforms, Portfolio Managers

See all updates »

Natalie Kraner

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund…more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Robert Krieger

Updates on Tax Deadlines and Key Tax Provisions of the CARES Act

Over recent days, the Internal Revenue Service has extended certain tax filing and payment deadlines and issued guidance on some provisions of the recently-enacted Coronavirus Aid, Relief, and Economic Security Act (the CARES…more

CARES Act, Corporate Taxes, Employee Retention, Filing Deadlines, Income Taxes

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Jessica Kriegsfeld

Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective

In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an M&A…more

Acquisitions, Compensation & Benefits, Deferred Compensation, Employee Benefits, Employee Retention

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Manas Kumar

SEC Raises The Dollar Threshold For Qualified Clients

What You Need To Know: Effective August 16, 2021, the Assets-Under-Management Test will increase to $1.1 million, and the Net Worth Test will increase to $2.2 million. On June 17, 2021, the U.S. Securities and Exchange…more

Investment Adviser, Investment Advisers Act of 1940, Investors, Private Funds, Registered Investment Advisors

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Marc Kurzweil

Emergency Relief Legislation for Businesses and Individuals: CARES Act-Loan Programs

On March 27, 2020, President Trump signed in to law an unprecedented economic relief package (the “CARES Act”) designed to help businesses and their employees ride out the economic turmoil caused by COVID-19. We have reviewed…more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Relief Measures

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Paula Ladd

FinCEN’s Weekend Present: No More CTA for U.S. Companies

As discussed in our March 4 Client Alert, following its February 27 and March 2 announcements suspending enforcement of the Corporate Transparency Act (CTA) and promising additional CTA compliance guidance, on the evening of…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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Beverly Lamberson

USPTO Issues Inventorship Guidance for AI-Assisted Inventions - AI-Assisted Inventions are Not Categorically Unpatentable

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). The guidance addresses…more

Artificial Intelligence, Disclosure Requirements, Innovative Technology, Inventions, Inventors

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Bryan LaPlant

Main Street Lending Program–Launch Update

Effective July 6, 2020, the Federal Reserve Bank of Boston announced that the “Main Street Lending Program” is now fully operational and ready to begin purchasing commitments from eligible lenders. After months of periodic…more

CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve, Main Street Expanded Loan Facility

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Cecily Larison CIPP/US

Minimizing Director Liability: Best Practices for PPP Recipients

Congratulations–you have successfully received an SBA PPP loan! While you are likely thinking that the hard work is over, you are, unfortunately, wrong. The responsibilities of a PPP loan recipient extend beyond the four corners…more

Best Practices, CARES Act, Coronavirus/COVID-19, Crisis Management, Federal Loans

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Sara Lazarevic

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule Compliance

On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment…more

Advertising, Disclosure Requirements, Endorsements, Investment Adviser, Investment Advisers Act of 1940

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David Leit

Proactive Planning For Website Accessibility Today Can Avoid Disruption Later

Website accessibility lawsuits are on the rise. This article examines the reasons for these suits, explains the state of the law, and provides some advice about how businesses can protect themselves from potential claims and…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

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Michael Lerner

Funding Life Sciences: Where The Opportunities And Resources Are In 2021 And Beyond

Early-stage and small to midsize private and public companies in the life sciences sector began 2020 on a high note. Funding, particularly in the biotechnology sector, was pouring into the industry. Even several months into the…more

Biotechnology, C-Suite Executives, Clinical Trials, Coronavirus/COVID-19, Funding

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Trevor Levine

CFTC Staff Seeks Public Feedback on Perpetual Contracts and 24/7 Trading

On April 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Divisions of Market Oversight, Clearing and Risk, and Market Participants issued two requests for comments soliciting public feedback related to the potential…more

CFTC, Derivatives, Financial Institutions, Financial Markets, Public Comment

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Jonathan Lewis

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden Administration

The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through September…more

Annual Reports, Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Government Investigations

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Boris Liberman

Alternative Data Poised for More Growth in the Age of AI: The 2024 Lowenstein Sandler Alternative Data Report

Over the last six years, investment management professionals have steadily increased their use of alternative data to improve decision-making, optimize portfolios, improve due diligence, and boost returns. Now, with widely…more

Algorithms, Analytics, Artificial Intelligence, Data Brokers, Data Management

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Melissa Libutti

Inflation Reduction Act Tax Implications

The President is expected to imminently sign the Inflation Reduction Act of 2022 (the “Act”), which was passed by both the Senate and House of Representatives. This Client Alert addresses two main tax provisions in the Act:..…more

Alternative Minimum Tax, Corporate Net Income, Corporate Taxes, Excise Tax, Foreign Corporations

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Michael Lichtenstein

Leading National Trend, California Enacts Sweeping Climate-Disclosure Laws

On Oct. 7, California Gov. Gavin Newsom signed into law two bills—Senate Bill 253 and Senate Bill 261—that will require thousands of public and private companies doing business in California to make broad disclosures of…more

California, CARB, Disclosure Requirements, Governor Newsom, Greenhouse Gas Emissions

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Alex Lipton

When Two Become One: Navigating the Complexities of Operational Integration

On September 20, 2024, the U.S. Securities and Exchange Commission (SEC) announced a settlement with an investment adviser for, among other things, failure to register with the SEC as an investment adviser. The SEC found that…more

Custody Rule, Exempt Reporting Advisers (ERAs), Fund Managers, Investment Adviser, Investment Firms

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Rosemary Loehr

Seven Tips for Mediating Complex Insurance Coverage Disputes

Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and…more

Bad Faith, Dispute Resolution, Insurance Claims, Insurance Industry, Insurance Litigation

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Maddie Loewenguth

SEC Settles With RIA for MNPI-Related Compliance Failures Related to CLO Business

On August 26, 2024, the Securities and Exchange Commission (SEC) announced a settlement with a registered investment adviser (RIA) for failing to establish, maintain and enforce adequate written policies and procedures…more

Collateralized Loan Obligations, Compliance, MNPI, Policies and Procedures, Registered Investment Advisors

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Kimberly Lomot

Financing Term Sheets: Bring in Counsel Early, Avoid Headaches Later

In this episode of Terra Firma, Conversations on Commercial Real Estate, Stacey Tyler and Stephen Tanico are joined by Lowenstein Real Estate partner Kimberly E. Lomot for a discussion on financing term sheets. They review key…more

Commercial Mortgages, Commercial Real Estate Contracts, Construction Loans, Mortgage Lenders, Purchase Agreement

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Claudia Lorenzo

Delaware’s New Universal Demand-Futility Test

On Sept. 23, the Delaware Supreme Court endorsed a new universal three-part demand-futility test in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, et al…more

Board of Directors, Business Judgment Rule, Class Action, DE Supreme Court, Demand Futility

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Amanda Lutick

Delaware Supreme Court Clarifies Limited Partner Rights To Books And Records: The Decision Will Have A Meaningful Impact On All Hedge, Private Equity, And Venture Funds

What You Need To Know:- •For managers preparing documents for their first Delaware fund, the limited partnership agreement of the fund should expressly require that any materials requested in connection with a books and…more

DE Supreme Court, Hedge Funds, Limited Partnerships, Private Equity, Trusts

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Jacquelyn Lyons

Ninth Circuit ‘Excess Insurer’ Ruling A Positive Step In Insurance Law For Policyholders

Policyholders purchase excess coverage with the reasonable expectation that they will not face a series of different coverage positions from multiple layers of insurers when seeking payment for claims, but that is not always the…more

AIG, Department of Labor (DOL), Excess Policies, Insurance Claims, Insurance Industry

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Rachel Maimin

Judge Rakoff Takes Aim at ‘Trial Penalty’

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in…more

Appeals, Constitutional Challenges, Criminal Justice Reform, Criminal Procedure, Criminal Prosecution

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Colleen Maker

Loan Forgiveness As Basis For Fraudulent Transfer Claims

Fraudulent transfer litigation is a valuable weapon in the bankruptcy code arsenal that is commonly used to target assets that were transferred or otherwise disposed of prior to the bankruptcy. These assets, if successfully…more

Bankruptcy Code, Chapter 11, Corporate Restructuring, Fraudulent Transfers, Loan Forgiveness

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Marita Makinen

The Intersection of Emerging Trends in M&A/ Private Equity and Reps & Warranty Insurance: The Road Remains Bumpy For Dealmakers

In today’s episode of Don’t Take No For An Answer, hosts Lynda Bennett and Eric Jesse are joined by Marita Makinen, Partner and Chair of Lowenstein’s Mergers & Acquisitions group and Co-chair of its Transactions & Advisory…more

Acquisitions, Business Valuations, Due Diligence, Investment Opportunities, Mergers

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Stefanie Manna

Main Street Lending Program–Launch Update

Effective July 6, 2020, the Federal Reserve Bank of Boston announced that the “Main Street Lending Program” is now fully operational and ready to begin purchasing commitments from eligible lenders. After months of periodic…more

CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve, Main Street Expanded Loan Facility

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Erica Mannix

Recent Tenth Circuit Decision in John Q Hammons Fall Following SCOTUS’ Decision in Siegel v. Fitzgerald Could Result in Significant Refunds for Certain Chapter 11 Debtors

In this episode of the Lowenstein Bankruptcy Lowdown, Michael Savetsky and Erica G. Mannix discuss the recent Tenth Circuit decision in In re John Q Hammons Fall 2006 LLC determining the appropriate remedy for a debtor’s…more

Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Constitutional Challenges, Debtors

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Natalie Marfo

CFTC Finalizes Long-Awaited Update to Rule 4.7

On September 12, the Commodity Futures Trading Commission (CFTC or Commission) published a final rule, adopting amendments to CFTC Rule 4.7, which provides exemptive relief from certain compliance obligations to registered…more

CFTC, Commodity Pool, Commodity Trading Advisors (CTAs), CPOs, Disclosure Requirements

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Nicholas Matthews

Anti-Bribery Expansion: The Foreign Extortion Prevention Act

On December 22, 2023, President Biden signed into law the 2024 National Defense Authorization Act. This bipartisan legislation included the Foreign Extortion Prevention Act (FEPA), which enables criminal prosecution of foreign…more

Anti-Bribery, Anti-Corruption, Compliance, Department of Justice (DOJ), Extortion

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Scott McBride

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation standard…more

Anti-Kickback Statute, Causation, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Crystal McDonald

New Jersey Flood Risk Disclosure

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property to…more

Climate Change, Disclosure Requirements, FEMA, Flood Zones, Flooding

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Kathleen McGee

California Attorney General Announces Enforcement Sweep on Location Data Collection

On March 10, 2025, the Office of the Attorney General of California (CAAG) announced an enforcement sweep of the California Consumer Privacy Act (CCPA) focused on the location data industry. Attorney General Rob Bonta stated…more

California, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy

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Molefi McIntosh

Death and Dirt: Addressing the Injustices of the Past in Heirs Property

Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a will…more

Beneficiaries, Beneficiary Designations, Estate Planning, Heirs, Inheritance

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Eric Merenstein

USPTO Announces Accelerated Patent Issuance Timeline

Summary: The United States Patent and Trademark Office (USPTO) has accelerated the patent issuance timeline due to modernization efforts, which include publishing electronic patent grants (eGrants) via the USPTO’s Patent Center…more

Intellectual Property Protection, Patent Applications, Patents, Regulatory Reform, Regulatory Requirements

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Jeremy Merkin

When Chapter 11 Hits, D&O Claims Can Take the Unsecured Director Down

Actions Against Directors, Officers Common After Chapter 11 Bulk-Asset Sales Leave Nothing to Recover- In the event of Chapter 11 Bankruptcy, creditors often look to recover funds by individually targeting directors or…more

Board of Directors, CEOs, Chapter 11, Creditors, D&O Insurance

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John Meyer

SEC Updates Guidance on the Use of Gross and Net Performance in Advertisements

On March 19, the Securities and Exchange Commission (SEC) issued a new FAQ response1 that softens prior guidance on the use of gross and net performance in advertisements. The new FAQs (the New Guidance) reduce the burden of…more

Compliance, Disclosure Requirements, Financial Services Industry, Investment Adviser, Marketing

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Jason Meyers

Recent Cyber Event Places Many Entities’ Data At Risk

As reported by Bloomberg and other news outlets, a major cyber security intrusion attributed to Russian state hackers, known by the nicknames APT29 or Cozy Bear, has sent cybersecurity experts into emergency mode as they work to…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Hackers, Information Technology

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Anne Milgram

The Treasury Wants Its PPP Money Back By May 7. How Do We Level The Playing Field For Small Businesses?

Scant and inconsistent instruction from the Treasury Department has wrought havoc among small business owners seeking emergency funding under the Paycheck Protection Program. It's time for Congress to step in with…more

CARES Act, Certificate of Need, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Safe Harbors

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Ryne Miller

CFTC Staff Seeks Public Feedback on Perpetual Contracts and 24/7 Trading

On April 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Divisions of Market Oversight, Clearing and Risk, and Market Participants issued two requests for comments soliciting public feedback related to the potential…more

CFTC, Derivatives, Financial Institutions, Financial Markets, Public Comment

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Julie Minicozzi

Get Ready: Mandatory Vaccination Is Here for Large Employers

At long last, the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) has released its emergency temporary standard (ETS) requiring employers with 100 or more employees to take certain…more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Documentation, Masks, OSHA

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Robert Minion

Former CIO Indicted for $600M Fraud in Parallel DOJ, SEC Actions

On November 25, 2024, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC, and collectively with DOJ, the Government) brought parallel criminal and civil enforcement actions against the…more

Department of Justice (DOJ), Enforcement Actions, Illegal Conduct, Investment, Investment Advisers Act of 1940

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Matthew Moisan

Key Updates To First Draw PPP Loans

Introduction •The First Draw Consolidated IFR also applies to loan forgiveness applications submitted under the Paycheck Protection Program before enactment of the Economic Aid Act where SBA has not remitted the forgiveness…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Loan Forgiveness, Paycheck Protection Program (PPP)

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Sophia Mokotoff

Real Estate Investing: The Tax Perspective

Today on “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey Tyler and Stephen Tanico talk with tax attorneys and Lowenstein colleagues Sophia Mokotoff and Matthew F. Cammarata about important tax issues to keep…more

Capital Gains, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Investment Property

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Megan Monson

“Real Talk” with Valley Hospital’s Robin Goldfischer: Learning from Both Successes and Failures

In this episode of “Real Talk,” host, Megan Monson, partner in Lowenstein Sandler's Executive Compensation Employment and Benefits Practice Group, talks with Robin Goldfischer, senior vice president and general counsel at Valley…more

Career Development, Compensation & Benefits, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employee Benefits

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Alessandra Moore

Long Live the FCPA?

The Trump administration has taken significant action this week to overhaul the executive branch’s long-standing policy toward the prosecution of white collar offenses. First, a memo issued by newly confirmed U.S. Attorney…more

Anti-Corruption, Bribery, Corporate Governance, Corporate Misconduct, Corruption

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Joshua Morris

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden Administration

The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through September…more

Annual Reports, Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Government Investigations

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Rachel Moseson Dikovics

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation standard…more

Anti-Kickback Statute, Causation, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Diane Moss

FTC "Click-To-Cancel" Rule Coming Soon

The Federal Trade Commission’s final “click-to-cancel” rule, which goes into effect on May 14, 2025, attempts to address the difficulties consumers may face when trying to cancel an automatically renewing subscription. The rule…more

Appeals, Auto-Renewal, Cancellation Rights, Consent, Consumer Protection Laws

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Scott Moss

EDGAR Next: The Future of SEC Filings Is Here–Are You Ready?

The U.S. Securities and Exchange Commission (SEC) has officially launched EDGAR Next, its latest initiative to upgrade the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. This new platform went live on March…more

Corporate Counsel, Corporate Governance, EDGAR, Filing Deadlines, Filing Requirements

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Amy Mushahwar

California Attorney General Announces Enforcement Sweep on Location Data Collection

On March 10, 2025, the Office of the Attorney General of California (CAAG) announced an enforcement sweep of the California Consumer Privacy Act (CCPA) focused on the location data industry. Attorney General Rob Bonta stated…more

California, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy

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Zohar Nadler

SEC Clarifies Accredited Investor Verification for Rule 506(c) Offerings

The Securities Act of 1933, as amended (Securities Act), requires that any offer or sale of securities in the United States must either be registered with the SEC or qualify for an exemption to registration thereunder…more

Broker-Dealer, Capital Markets, Compliance, Financial Regulatory Reform, Investment

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Bruce Nathan

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Joshua Nelson

Fifth Circuit Reviews Private Fund Advisers Rule

A “private fund” is an investment vehicle that is not required to be registered or regulated as an investment company under the Investment Company Act of 1940 (the ICA). Private funds are typically accessible only to accredited…more

Investment Adviser, Investment Company Act of 1940, Investors, Private Funds, Registered Funds

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Mary Nicholes

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside…more

Agribusiness, Agricultural Sector, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Timothy Nichols

Ginnie Mae Pass-Through Assistance Program All Participants Memorandum

On April 10, Ginnie Mae issued a new All Participants Memorandum (APM) officially implementing its Pass-Through Assistance Program (PTAP/C19) for issuers under Ginnie Mae’s Single-Family program for which the COVID-19 national…more

Coronavirus/COVID-19, Ginnie Mae, Mortgage Lenders, Mortgage-Backed Securities, Relief Measures

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Brian Nistler

SEC Modernizes Investment Adviser And Solicitor Marketing Rules

On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) announced a modernized rule (the New Marketing Rule) governing (i) investment adviser advertisements and (ii) payments to solicitors. Under the Investment…more

Advertising, Advisors Act, Books & Records, Cash Solicitation Rule, Endorsements

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Robert Nuse

Drafter Beware: Recent New York Decision Reaffirms the Continuing Vitality of Public Policy in Enforcing Choice-of-Law Provisions

Every day, attorneys act as advisors to parties negotiating and drafting contracts. Among those terms often left to the lawyers are choice-of-law provisions. Which state’s law governs a dispute, in theory, should not matter…more

Choice-of-Law, Contract Drafting, Intent, Interest Rate Caps, Interest Rates

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Jesse S. O'Connell

Key Updates To First Draw PPP Loans

Introduction •The First Draw Consolidated IFR also applies to loan forgiveness applications submitted under the Paycheck Protection Program before enactment of the Economic Aid Act where SBA has not remitted the forgiveness…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Loan Forgiveness, Paycheck Protection Program (PPP)

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James O'Grady

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration…more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Aiden O'Leary

SEC Greenlights Proof-of-Work Mining

The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as Covered…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Howey

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Audrey Ogurchak

USPTO Announces December 14, 2024 for Expiration of After Final Consideration Pilot Program 2.0

On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run…more

AFCP, Patent Applications, Patent Examinations, Patents, Request for Continued Examination

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Matthew Oliver

SEC Says Language in J.P. Morgan-Affiliate Release Agreements Violates Whistleblower Protections

On January 16, the Securities and Exchange Commission (SEC) announced an $18 million settlement order (Order) with J.P. Morgan Securities LLC (JPMS) that finds that the language of release agreements JPMS entered into with…more

Broker-Dealer, Confidentiality Agreements, Investment Adviser, Release Agreements, Securities and Exchange Commission (SEC)

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Christine Osvald-Mruz

Clawbacks and Incentive-Based Compensation: How to Prepare for the New NASDAQ and NYSE Requirements

In today’s episode of “Just Compensation,” Kate Basmagian, partner in Lowenstein’s Capital Markets & Securities group and chair of the firm's ESG group; Christine Osvald-Mruz, partner in the Employee Benefits & Executive…more

Clawbacks, Compensation & Benefits, Executive Compensation, Incentive Compensation, Listing Standards

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Eileen Overbaugh

SEC Raises The Dollar Threshold For Qualified Clients

What You Need To Know: Effective August 16, 2021, the Assets-Under-Management Test will increase to $1.1 million, and the Net Worth Test will increase to $2.2 million. On June 17, 2021, the U.S. Securities and Exchange…more

Investment Adviser, Investment Advisers Act of 1940, Investors, Private Funds, Registered Investment Advisors

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Michael Papandrea

Must See TV Azteca! Bankruptcy Court Dismisses Involuntary Petition Based on Partially Diputed Claims

One of the requirements for an involuntary filing is that the creditors seeking relief (referred to as “petitioning creditors”) must each have a claim that is not subject to a “bona fide dispute as to liability or amount.” This…more

Bankruptcy Code, Bankruptcy Court, Creditors, Debtors, Involuntary Bankruptcy

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Parth Parikh

Circuit Split Deepens on Anti-Kickback Statute’s Causation Standard

Introduction: In its recent decision in United States v. Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the First Circuit deepened an existing federal circuit court split regarding the causation standard…more

Anti-Kickback Statute, Causation, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Valeska Pederson Hintz

The Brave New Frontier of Securing D&O Insurance for SPACs and deSPACs

Picking up from our last episode, Lowenstein Corporate Partner Valeska Pederson Hintz joins the conversation about securing D&O insurance coverage for SPACs and deSPACs. Valeska, Lynda Bennett, and Rob Crocitto from ARC Excess &…more

D&O Insurance, Initial Public Offering (IPO), Insurance Industry, Investors, Special Purpose Acquisition Companies (SPACs)

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Carly S. Penner

Virginia Approves New Data Privacy Law: States Take The Lead As U.S. Trends Closer To Europe’s GDPR

On March 2, the Virginia Consumer Data Protection Act (VCDPA) was signed into law, becoming the second comprehensive state privacy law in the United States. The VCDPA reflects core principles from the California Consumer Privacy…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, General Data Protection Regulation (GDPR)

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Patricia Perez

Latest Update on the Paycheck Protection Program Flexibility Act of 2020

On June 5, 2020, certain key provisions of the CARES ACT regarding the Paycheck Protection Program (PPP) were amended by passage of that certain Paycheck Protection Program Flexibility Act of 2020, as supplemented by those…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Final Rules, Financial Stimulus

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Anthony Pergola

SVB Financial Group Files for Chapter 11 Bankruptcy

Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the…more

Bank Holding Company, Bankruptcy Code, Bankruptcy Court, Banks, Bridge Banks

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Matthew Platkin

Surprise! New Jersey Health Care Providers Face Compliance With New Federal Out-Of-Network Law

In addition to providing funding for the federal government and for COVID-19 relief, the recently enacted Consolidated Appropriations Act, 2021, also includes legislation to safeguard patients from unexpected or “surprise”…more

Consolidated Appropriations Act (CAA), Dispute Resolution, Health Care Providers, Medical Bills, Out of Network Provider

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Michelle Podolnyy

SEC Charges Public Company with AI Washing

On January 14, 2025, the U.S. Securities and Exchange Commission (SEC) charged Presto Automation Inc. (Presto) with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934 for misleading artificial…more

Artificial Intelligence, Compliance, Disclosure Requirements, Enforcement Actions, Fraud

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Brianne Polito

A Haystack in a Hurricane: The Legal Risks of Depicting Real People in Your NFT

As Quentin Tarantino and Miramax prepare to head to court on February 24th over Tarantino’s Pulp Fiction NFT series, attorneys Matthew Savare and Brianne Polito from law firm Lowenstein Sandler explore the important legal issues…more

Blockchain, Cryptocurrency, Digital Currency, First Amendment, Name and Likeness

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Daniel Porco

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration…more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Christopher Porrino

Bail Reform: New York’s mistakes must not jeopardize New Jersey’s success

After years of steady declines in violent and other criminal activity in New Jersey, the COVID-19 pandemic has coincided with increases in crime both here in New Jersey and around the country. While New Jersey still has much…more

American Civil Liberties Union (ACLU), Bail, Crime Statistics, Criminal Justice Act, Criminal Justice Reform

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David Posner

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Jeffrey Prol

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Peter Quinn

Long Live the FCPA?

The Trump administration has taken significant action this week to overhaul the executive branch’s long-standing policy toward the prosecution of white collar offenses. First, a memo issued by newly confirmed U.S. Attorney…more

Anti-Corruption, Bribery, Corporate Governance, Corporate Misconduct, Corruption

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Warren Racusin

Grave Reservations: Everything You Didn’t Realize You Want to Know About Cemeteries

Host Warren K. Racusin, Chair of Lowenstein’s Trusts & Estates practice, talks about the law and lore of cemeteries with Eric D. Weinstock, and Rich Moylan, president of Green-Wood Cemetery in Brooklyn, New York. They discuss…more

Asset Management, Beneficiaries, Estate Planning, Family Members, Trustees

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Anthony Raymundo

Startups: Beneficial Ownership Filings May Be Required After January 1, 2024

Founders and operators, is your company prepared to report its Beneficial Ownership Information (BOI)? Unless an exemption applies, you may be required under the Corporate Transparency Act (CTA) to identify and report the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Early Stage Companies, Employer Identification Number (EIN)

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Thomas Redburn Jr.

Fifth Circuit Reviews Private Fund Advisers Rule

A “private fund” is an investment vehicle that is not required to be registered or regulated as an investment company under the Investment Company Act of 1940 (the ICA). Private funds are typically accessible only to accredited…more

Investment Adviser, Investment Company Act of 1940, Investors, Private Funds, Registered Funds

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Andrew Reidy

D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it

Michael D. Lichtenstein and Andrew Reidy of Lowenstein’s Insurance Recovery Group speak with partner Mark Schamel and associate Christopher Schafbuch, of the firm’s White Collar Criminal Defense practice, about what…more

Commercial General Liability Policies, Commercial Insurance Policies, D&O Insurance, Insurance Industry

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Marc Rein

Updated: A Survey of Health Care Anti-Kickback Law at the State Level - UPDATED June 2023

The federal health care Anti-Kickback Statute (Federal AKS) targets bribery and corruption in the health care industry. There are two core provisions of the Federal AKS: one targeting the bribe recipient and one targeting the…more

Anti-Bribery, Anti-Kickback Statute, Antitrust Division, Corruption, Health Care Providers

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Jordana Renert

Consensual Third-Party Releases

Jordana L. Renert and Eric Chafetz, partners in the firm’s Bankruptcy & Restructuring Department, discuss consensual third-party releases and a recently adopted alternative framework for approval of such releases under Section…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Third-Party Release Agrements

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Colleen Restel

Senate’s Bankruptcy Threshold Adjustment and Technical Corrections Act Retains $7.5 Million Eligibility for Subchapter V Small Business Debtors

The Small Business Reorganization Act (SBRA) went into effect on Feb. 19, 2020, creating Subchapter V of the Bankruptcy Code. Acknowledging that a bankruptcy proceeding is not “one size fits all” and that a Chapter 11 proceeding…more

Bankruptcy Trustees, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Bryan Reyhani

The Critical Importance of an Effective Investment Policy Statement

Introduction- An IPS is an integral policy document for any organization to reduce corporate cash management and investment risks. It outlines an entity's cash management processes and strategies, and its investment goals…more

Board of Directors, Capital Investments, Corporate Management, Economic Growth, Financial Adviser

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Richard Ricci

NJDEP’s Groundbreaking Environmental Justice Regulations Published for Public Comment

On June 6, 2022, the New Jersey Department of Environmental Protection (NJDEP or Department) published its long-anticipated Environmental Justice rule proposal (EJ Rule Proposal)—the nation’s first proposed environmental justice…more

Administrative Review, Environmental Justice, Environmental Policies, NJDEP, Public Comment

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Chloe Rippe

FTC "Click-To-Cancel" Rule Coming Soon

The Federal Trade Commission’s final “click-to-cancel” rule, which goes into effect on May 14, 2025, attempts to address the difficulties consumers may face when trying to cancel an automatically renewing subscription. The rule…more

Appeals, Auto-Renewal, Cancellation Rights, Consent, Consumer Protection Laws

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Liam Rogan

Federal District Court Vacates the Security and Exchange Commission’s Expanded Dealer Rule

On Nov. 21, Judge Reed O’Connor of the Northern District of Texas vacated the Security and Exchange Commission’s (SEC) newly enacted Rules 3a5-4 and 3a44-2 (collectively, the Dealer Rule), which expanded the scope of who…more

Administrative Procedure Act, Arbitrary and Capricious, Blockchain, Broker-Dealer, Fund Managers

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Steven Rogers

CARES Act: Direct Grants to Institutions of Higher Education Under the Emergency Relief Fund

While much of the CARES Act media focus is on the Small Business Administration’s Paycheck Protection Program and the distribution of stimulus payments, the act also provides for tens of billions of dollars in other relief. For…more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, Relief Measures

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Joseph Romano

The Case of the Disappearing Trust

Lowenstein Sandler lawyer Joseph Romano and investment advisor Julie Jackson discuss creating, managing, and investing trusts, plus how to keep a child with a trust from turning into a trust fund baby. Speakers: Warren…more

Beneficiaries, Estate Planning, Trust Administration, Trust Distributions, Trustees

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Gavin Rooney

Dealing With Fiduciary Duties to a Business Partner Upon Exit

It is an old saw that partners, co-venturers, and insiders to closely held businesses owe fiduciary duties of loyalty and due care when dealing with one another. Importantly, these fiduciary duties modify the common law of fraud…more

Breach of Duty, Business Divorce, Business Ownership, Closely Held Businesses, Corporate Dissolution

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Angenny Rosario

EDGAR Next: The Future of SEC Filings Is Here–Are You Ready?

The U.S. Securities and Exchange Commission (SEC) has officially launched EDGAR Next, its latest initiative to upgrade the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system. This new platform went live on March…more

Corporate Counsel, Corporate Governance, EDGAR, Filing Deadlines, Filing Requirements

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Kenneth Rosen

Do Not Take Consignments Lightly

While things worked out for vendors who did not file a UCC-1 in the Sports Authority Chapter 11, you may not be so lucky. Never assume that it is not necessary to properly perfect a consignment arrangement by filing a…more

Article 9, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Alex Rosenthal

Why The Federal Government Should Act To Create A New Action Insurance Program

In the midst of the COVID-19 pandemic and public health crisis, landlords and tenants alike found themselves in a most precarious position: state and municipal governments across the country restricted access to offices and…more

Business Interruption, Commercial Leases, Coronavirus/COVID-19, FEMA, Hospitality Industry

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Judith G. Rubin CIPP/US/E, CIPT

Top AI Risks General Counsels Should Address

Considering the rapid development and deployment of artificial intelligence (AI) in a wide array of applications and business sectors, it can be a daunting task for a company’s General Counsel (GC) to keep pace in identifying…more

Artificial Intelligence, Compliance, Corporate Counsel, Cybersecurity, Data Privacy

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Lauren Noval Russell

Introducing Gen Z: Understanding the New Generation of Lawyers and How Their Perspective Could Shift Workplace Norms

On today’s episode, Rachel Moseson Dikovics, Amanda K. Cipriano, Claire Dronzek, and Lauren Russell discuss Gen Z’s perspective of young lawyers on issues such as work-life balance, organizational values, and mentorship. They…more

Career Development, Corporate Culture, Diversity, Generation Z, Law Firm Associates

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Rebecca Ryan

DOJ Revamps Incentives for Companies to ‘Come Forward, Cooperate, and Remediate’

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 Corrupt…more

Compliance, Corporate Crimes, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Joseph Saka

Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away

Every company must go through the annual ritual of assessing their insurance renewals: when should you start these discussions, and when should you consider changing carriers? Host Lynda A. Bennett talks with Joseph Saka, Senior…more

Contract Negotiations, Contract Renewal, Insurance Brokers, Insurance Claims, Insurance Contracts

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Nicholas San Filippo IV

All in the Family: Succession Issues in Family-Owned Businesses

On this episode of “Splitting Heirs,” Warren K. Racusin talks with Lowenstein partner Nick San Filippo IV, Chair of the firm’s Business Divorce practice, and Jeff Savlov, a partner in the family business and wealth consulting…more

Business Disputes, Business Divorce, Business Litigation, Business Partners, Corporate Dissolution

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Julia Sanabria

Microaggressions: Are they a macro issue?

In this episode of “Real Talk,” Nicole Fulfree, Megan Monson, Julia E. Sanabria, and Rachel Moseson Dikovics tackle the subject of microaggressions: comments or actions that subtly and often unconsciously or unintentionally…more

Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies, Hostile Environment

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Anthony Santiago

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration…more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

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Leah Satlin

Immutable Holdings: The Preeminent Blockchain Conglomerate

Eric Swartz, Senior Counsel and Vice Chair of Lowenstein Crypto, and Leah Satlin, Counsel in Lowenstein’s Tech Group, speak with Don Thibeau, Chief Product Officer at Immutable Holdings, about his company’s mission to create the…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Non-Fungible Tokens (NFTs)

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Matt Savare

FTC "Click-To-Cancel" Rule Coming Soon

The Federal Trade Commission’s final “click-to-cancel” rule, which goes into effect on May 14, 2025, attempts to address the difficulties consumers may face when trying to cancel an automatically renewing subscription. The rule…more

Appeals, Auto-Renewal, Cancellation Rights, Consent, Consumer Protection Laws

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Michael Savetsky

Recent Tenth Circuit Decision in John Q Hammons Fall Following SCOTUS’ Decision in Siegel v. Fitzgerald Could Result in Significant Refunds for Certain Chapter 11 Debtors

In this episode of the Lowenstein Bankruptcy Lowdown, Michael Savetsky and Erica G. Mannix discuss the recent Tenth Circuit decision in In re John Q Hammons Fall 2006 LLC determining the appropriate remedy for a debtor’s…more

Bankruptcy Court, Bankruptcy Trustees, Chapter 11, Constitutional Challenges, Debtors

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Vincent Scala

SEC Releases 2023 Examination Priorities for Registered Investment Advisers and Broker-Dealers

On February 7, 2023, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) released its annual Priorities Report1 for upcoming examinations of registered investment advisers (“Advisers”)…more

Anti-Money Laundering, Broker-Dealer, Conflicts of Interest, Cryptoassets, Customer Protection Rule

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Michael Scales

SEC’s 2025 Examination Priorities for Investment Advisers

On October 21, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (the Division) released its annual Examination Priorities for fiscal year 2025 (the Report). The Report identifies certain critical…more

Advisors Act, Bank Secrecy Act, Broker-Dealer, BSA/AML, Code of Conduct

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Christopher Schafbuch

Deputy Attorney General Lisa O. Monaco Doubles Down on Prior Commitment to Aggressively Prosecute Corporate Crime

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 New…more

Attorney General, Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Prosecution

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Mark Schamel

D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it

Michael D. Lichtenstein and Andrew Reidy of Lowenstein’s Insurance Recovery Group speak with partner Mark Schamel and associate Christopher Schafbuch, of the firm’s White Collar Criminal Defense practice, about what…more

Commercial General Liability Policies, Commercial Insurance Policies, D&O Insurance, Insurance Industry

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Jarrett Schindler

Updated: A Survey of Health Care Anti-Kickback Law at the State Level - UPDATED June 2023

The federal health care Anti-Kickback Statute (Federal AKS) targets bribery and corruption in the health care industry. There are two core provisions of the Federal AKS: one targeting the bribe recipient and one targeting the…more

Anti-Bribery, Anti-Kickback Statute, Antitrust Division, Corruption, Health Care Providers

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John Schneider

Finding Good Real Estate Deals Among The Ruins

As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to…more

Bids, Chapter 11, Coronavirus/COVID-19, Creditors, Debtors

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Lauren Schwartz

Form BE-180 Deadline Is Fast Approaching For Electronic Filers, Including Private Fund Managers

The Bureau of Economic Analysis’ (BEA) 2019 benchmark survey1 of financial services transactions between U.S. financial services providers and foreign persons is due on October 30, 2020, for respondents who submit their form…more

BEA, Brokers, Electronic Filing, Financial Services Industry, International Finance

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Amy Schwind

AI Use in Employment Decisions

In this episode, host Megan Monson talks with Amy C. Schwind from Lowenstein's Executive Compensation, Employment & Benefits practice group about AI's growing role in human resources processes and employment decisions. They…more

Artificial Intelligence, Bias, Data Privacy, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Mary Seymour

Finding Good Real Estate Deals Among The Ruins

As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to…more

Bids, Chapter 11, Coronavirus/COVID-19, Creditors, Debtors

See all updates »

Alexander Shalom

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless Fund…more

Appellate Courts, Civil Rights Act, Funding, Grants, Minority-Owned Businesses

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Jeffrey Shapiro

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new…more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Rishabh Sharma

SEC Clarifies Stance on Disclosures Relating to Crypto Assets

The Guidance provides the Division’s views regarding certain disclosure requirements under Regulation S-K, specifically with respect to disclosures contained within Form S-1 (registration statements), Form 10-K (reporting…more

Blockchain, Cryptocurrency, Digital Assets, Disclosure Requirements, Investors

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James Shehan

Historic Shift in U.S. Drug Policy: DEA Proposes to Reclassify Marijuana

The U.S. Drug Enforcement Administration (DEA) is on the brink of reclassifying marijuana, marking a watershed moment in American drug policy. For decades, marijuana has been classified as a Schedule I drug, alongside…more

Agribusiness, Agricultural Sector, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Chandra Shih

Secrets to Success as a Junior Associate in Big Law

In this episode of “Real Talk,” the hosts share their experiences as junior associates and what they wish they had known before starting their careers in Big Law. They offer tips on jumpstarting your career as a summer…more

Big Law, Career Development, Law Firm Associates, Women in the Law, Young Lawyers

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Nathan Shultz

U.S. Treasury Renews Push to Make Investment Advisers Subject to the BSA

The United States Department of the Treasury (U.S. Treasury) announced that it aims to publish a proposed rule in early 2024 (the 2024 NPRM) that would subject investment advisers to the anti-money laundering (AML) requirements…more

Anti-Money Laundering, Bank Secrecy Act, Best Practices, BSA/AML, FinCEN

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Theodore Sica

Application for PPP Loan Forgiveness … Now What?

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified or…more

Borrowers, Coronavirus/COVID-19, Financial Stimulus, Loan Forgiveness, Paycheck Protection Program (PPP)

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Jack Sidorov

2025 HSR Thresholds and Filing Fees Announced by Federal Trade Commission

The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new…more

Antitrust Provisions, Chamber of Commerce, Competition, Federal Trade Commission (FTC), Filing Fees

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Samantha Sigelakis-Minski

FinCEN’s Weekend Present: No More CTA for U.S. Companies

As discussed in our March 4 Client Alert, following its February 27 and March 2 announcements suspending enforcement of the Corporate Transparency Act (CTA) and promising additional CTA compliance guidance, on the evening of…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Filing Deadlines

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Meagan Signoriello

Ginnie Mae Pass-Through Assistance Program All Participants Memorandum

On April 10, Ginnie Mae issued a new All Participants Memorandum (APM) officially implementing its Pass-Through Assistance Program (PTAP/C19) for issuers under Ginnie Mae’s Single-Family program for which the COVID-19 national…more

Coronavirus/COVID-19, Ginnie Mae, Mortgage Lenders, Mortgage-Backed Securities, Relief Measures

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Brian Silikovitz

How Founders Can Get Paid (and Keep the Cash): A Practical Guide

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your…more

C-Corporation, Emerging Growth Companies, Employee Retention, Estate Planning, Exit Strategies

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Ethan Silver

Crypto Brief - Lowenstein Crypto Newsletter - April 17, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters…more

Cryptocurrency, Decentralized Finance (DeFi), Enforcement Actions, Environmental Policies, Financial Services Industry

See all updates »

Lindsay Sklar

SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate

Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply…more

Appeals, Bankruptcy Code, Bankruptcy Court, Damages, Debtors

See all updates »

Steven Skolnick

SEC’s Expanded Confidential Review Process Provides Issuers Greater Flexibility To Explore and Plan Public Offerings

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to the accommodations available for issuers confidentially submitting draft registration…more

Capital Markets, Disclosure Requirements, Financial Statements, Initial Public Offering (IPO), JOBS Act

See all updates »

Meg Slachetka

Agreeing With A Competitor To Fix Employee Wages Will Get You Indicted. Agreeing Not To Solicit Each Other’s Employees Might Also.

Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by lowering…more

Federal Trade Commission (FTC), Human Resources Professionals, No-Poaching, OEM, Wage and Hour

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Peter Slocum

It’s Not Easy Being Green: How To Comply with the Latest Cannabis Regulations

In this episode of “Regulatory Matters,” host Rachel Maimin talks to partner Peter Slocum about how businesses can navigate the heavily regulated landscape of New Jersey’s now-legalized cannabis space. Slocum discusses how his…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Marijuana

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Kenneth Slutsky

House Tax Proposal Would Restrict Grantor Trust Planning: What You Need To Know Now

On September 13, the House Ways & Means Committee proposed new tax provisions as part of the Build Back Better Act. The proposal includes many substantial tax changes that would affect personal income tax and business tax…more

Business Taxes, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

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Raquel Smith

Jemimah Orevaoghene: A Lesson on Investing with your Sixth Sense

In this episode of Venture Voices, Deangeor Chin and Raquel Smith of Lowenstein’s Africa practice speak with Jemimah Orevaoghene, a Venture Capital Director at Morgan Stanley and Africa portfolio leader, about her unique…more

Africa, Angel Investors, Capital Markets, Entrepreneurs, Financial Institutions

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Tracy Snow

The Renoir Spelling Bee

On this episode of “Splitting Heirs,” Warren K. Racusin is joined by Tracy A. Snow, counsel in Lowenstein’s Trusts & Estates practice, and Richard Schmalbeck, Professor of Law at Duke University, to explain the how, what and why…more

Estate Planning, Estate Tax, Federal Taxes, Tax Liability, Tax Returns

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Juan Soto

Startups: Beneficial Ownership Filings May Be Required After January 1, 2024

Founders and operators, is your company prepared to report its Beneficial Ownership Information (BOI)? Unless an exemption applies, you may be required under the Corporate Transparency Act (CTA) to identify and report the…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Early Stage Companies, Employer Identification Number (EIN)

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Norman Spindel

Circuit Courts Give Climate Change Litigation New Life In State Court

For years, climate change litigation in the United States has been reduced to a series of lengthy jurisdictional battles concerning whether such litigation belongs in state or federal court. More often than not, local regulatory…more

Climate Change, Corporate Counsel, Energy Sector, Environmental Policies, Global Warming

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Ashley Steinhart

House Tax Proposal Would Restrict Grantor Trust Planning: What You Need To Know Now

On September 13, the House Ways & Means Committee proposed new tax provisions as part of the Build Back Better Act. The proposal includes many substantial tax changes that would affect personal income tax and business tax…more

Business Taxes, Estate Tax, Gift Tax, Grantor Trusts, Income Taxes

See all updates »

Stephanie Stephenson

Governor Signs New York LLC Transparency Act into Law

On Dec. 22, New York Governor Kathy Hochul signed the New York Limited Liability Company Transparency Act (“NY LLC Transparency Act”) into law. The NY LLC Transparency Act is modeled on the Corporate Transparency Act (“CTA”), a…more

Broker-Dealer, Corporate Transparency Act, Financial Crimes, Limited Liability Company (LLC), New York

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Bryan Sterba

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s copyrighted…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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James Stewart

EPA Issues Interim Guidance for Remedial Field Work During the COVID-19 Pandemic

On April 10, the U.S. Environmental Protection Agency (EPA) issued interim guidance to determine when, and how, to suspend field work under certain EPA programs during the ongoing COVID-19 crisis. The guidance covers response…more

CERCLA, Coronavirus/COVID-19, Environmental Policies, Environmental Protection Agency (EPA), Interim Guidance

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John Stolz

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C…more

Amended Regulation, Buyers, Contaminated Properties, Due Diligence, Hazardous Substances

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Daniel Suckerman

New Jersey Flood Risk Disclosure

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property to…more

Climate Change, Disclosure Requirements, FEMA, Flood Zones, Flooding

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Eric Swartz

Quai Network – A Revolutionary Proof of Work Blockchain

Hosts Ethan Silver and Eric Swartz welcome Alan Orwick, CEO of Dominant Strategies, the developer of Quai Network, to Lowenstein Crypto Innovators podcast to discuss Quai Network's revolutionary proof-of-work 2.0. They also…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Currency

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Amani Taha

The New Jersey Business Corporation Act to Permit Corporate Conversions/Domestications

Effective November 4, 2023, the New Jersey Business Corporation Act (the Act) will be amended to permit conversions and domestications across all business entity types, including foreign and domestic corporations. The delay in…more

Business Corporation Act, Corporate Conversions, Department of Revenue, Foreign Entities, Limited Liability Company (LLC)

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Stephen Tanico

Lease Term Sheets: Why Investing in a Thorough Review Now Will Prevent Losses Later

On this episode of “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Stephen Tanico continue their term sheet series, this time focusing on lease deals and the value of attorney review prior to signing…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Lease Term

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Kristin Taylor

When You Owe More Than It’s Worth: Depressed Valuations in the Real Estate Market

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey Tyler and Stephen Tanico speak with Harold Bordwin, principal and co-president of Keen-Summit Capital Partners, about recent depressed values in the real…more

Commercial Property Owners, Commercial Real Estate Market, Mortgage Lenders, Property Owners, Property Valuation

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Jessica Terry

Updated: A Survey of Health Care Anti-Kickback Law at the State Level - UPDATED June 2023

The federal health care Anti-Kickback Statute (Federal AKS) targets bribery and corruption in the health care industry. There are two core provisions of the Federal AKS: one targeting the bribe recipient and one targeting the…more

Anti-Bribery, Anti-Kickback Statute, Antitrust Division, Corruption, Health Care Providers

See all updates »

Raymond Thek

Paycheck Protection Program Flexibility Act of 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations, government guidance and other government action; thus, certain details regarding the legislation…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Loan Repayment Issues, Paycheck Protection Program (PPP)

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C. Patrick Thomas

DOJ’s New Whistleblower Policies Will Bring Increased Scrutiny to Businesses in the Financial and Health Care Industries and Those That Deal With Foreign, Federal, State, and Local Governments

Earlier this month, the U.S. Department of Justice (DOJ) announced its Corporate Whistleblower Awards Pilot Program (Program). The Program—which will last for three years—is designed to incentivize, through money awards,…more

Corruption, Department of Justice (DOJ), Financial Crimes, Government Agencies, Healthcare Fraud

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David Toma

The USPTO’s Transition to Electronic Patent Grants

In its ongoing efforts to modernize patent examination practices, the United States Patent and Trademark Office (USPTO) has announced it will transition to electronic patent grants (eGrants) and discontinue mailing traditional…more

Electronic Filing, Patent Applications, Patent Filings, Patents, USPTO

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Jenna-Marie Tracy

Right of Publicity Laws: New Jersey

A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims,…more

Celebrities, Copyright, Deceased, Exploitation, Name and Likeness

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Rossie Turman III

Growing the Glow from Ghana: A Karité Founder’s Journey

Rossie E. Turman III, partner and chair of Lowenstein's international finance practice and co-chair of the firm's Africa practice, speaks with Akua Okunseinde, co-founder of the natural skincare brand Karité, about her journey…more

Africa, Banking Sector, Financial Institutions, Financial Services Industry, FinTech

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Stacey Tyler

Going and Staying Green: Sustainability in Real Estate

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Zachary L. Berliner talk with Alex Lassiter, the CEO and founder of Greenplaces, which helps businesses navigate the complexities of carbon…more

Carbon Emissions, Climate Change, Corporate Social Responsibility, Environmental Policies, Environmental Social & Governance (ESG)

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Matthew VanderGoot

Silicon Valley Bank: A Timeline and Summary of Events

On Friday, March 10, the Federal Deposit Insurance Corporation (FDIC) shuttered Silicon Valley Bank (SVB) and seized its deposits in the second-largest bank collapse in U.S. history. In this alert, we’ve mapped out the events…more

Banking Sector, FDIC, Federal Reserve, Financial Institutions, Popular

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Nicholas Velez

DOJ Announces New Safe Harbor Policy for Reporting of Misconduct in Connection With M&A Transactions

On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her…more

Anti-Corruption, Antitrust Division, Compliance, Corporate Governance, Corporate Misconduct

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Macauley Venora

Place Your Bets, For Now: Kalshi’s Election Contract Market Goes Live After Court of Appeals Denies CFTC’s Motion to Stay

On September 12, 2024, Judge Jia Cobb of the U.S. District Court for the District of Columbia (the Court) formally issued a memorandum opinion (the Order) in favor of KalshiEX LLC (Kalshi), a prediction market registered with…more

Binary Options, CFTC, Commodity Exchange Act (CEA), Designated Contract Markets (DCMs), Election Interference

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Allison Vissichelli

Agreeing With A Competitor To Fix Employee Wages Will Get You Indicted. Agreeing Not To Solicit Each Other’s Employees Might Also.

Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by lowering…more

Federal Trade Commission (FTC), Human Resources Professionals, No-Poaching, OEM, Wage and Hour

See all updates »

Michael Vito

The Case of the Laughing Heirs

Estate administration: A discussion with a religious leader and an experienced attorney in estate administration about the legal, emotional, and spiritual rituals and processes surrounding the death of a loved…more

Estate Planning, Heirs, Inheritance, Wills

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Keara Waldron

SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate

Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply…more

Appeals, Bankruptcy Code, Bankruptcy Court, Damages, Debtors

See all updates »

Michael Walutes

Inflation Reduction Act Tax Implications

The President is expected to imminently sign the Inflation Reduction Act of 2022 (the “Act”), which was passed by both the Senate and House of Representatives. This Client Alert addresses two main tax provisions in the Act:..…more

Alternative Minimum Tax, Corporate Net Income, Corporate Taxes, Excise Tax, Foreign Corporations

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Serena Ward

FAQs On Pandemic-Related Issues for Small Businesses and Nonprofits-UPDATE August 2020

1.PAYCHECK PROTECTION PROGRAM- The Paycheck Protection Program closed on August 8. The SBA is no longer accepting new applications from participating lenders. The federal government created several forms of financial relief…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hiring & Firing

See all updates »

Heather Weaver

2025 Outlook: What to Expect from Your Insurance Carriers

Lynda A. Bennett, Heather Weaver, and Josh Weisberg of SterlingRisk continue their year-end conversation about what changed in the insurance recovery space in 2024 and what to expect in 2025. Lynda, Heather, and Josh…more

Business Interruption, Cyber Insurance, Cybersecurity, Excess Policies, Insurance Industry

See all updates »

Eric Weiner

Crypto Brief - Newsletter - January 24, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters…more

Anti-Money Laundering, Blockchain, CFTC, Compliance, Cryptocurrency

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Eric Weinstock

Grave Reservations: Everything You Didn’t Realize You Want to Know About Cemeteries

Host Warren K. Racusin, Chair of Lowenstein’s Trusts & Estates practice, talks about the law and lore of cemeteries with Eric D. Weinstock, and Rich Moylan, president of Green-Wood Cemetery in Brooklyn, New York. They discuss…more

Asset Management, Beneficiaries, Estate Planning, Family Members, Trustees

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Brent Weisenberg

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve…more

Appeals, Asbestos Litigation, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Julie Levinson Werner

DOL Overtime Final Rule Vacated Nationwide

On November 15, 2024, a Texas federal court ruled that the U.S. Department of Labor’s (DOL) final rule raising the salary threshold for “white collar” minimum wage and overtime pay exemptions (the Overtime Final Rule), which we…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Highly Compensated Employees, Job Duties, Minimum Salary

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Taylor West

NJDEP Issues Fact Sheet on PFAS Environmental Sampling

On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible for…more

Contaminated Properties, Environmental Policies, NJDEP, PFAS, Site Remediation

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Matthew Wester

Robust False Claims Act Results for DOJ in 2024 Reveal Dynamic Enforcement Landscape

In January, the Department of Justice (DOJ) announced that settlements and judgments under the False Claims Act (FCA) exceeded $2.9 billion in fiscal year 2024, bringing the total amount of settlements and judgments under the…more

Coronavirus/COVID-19, Cybersecurity, Defense Contracts, Department of Justice (DOJ), False Claims Act (FCA)

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Jeffrey Wild

Whose Cello Is It Anyway? Or, a Lawyer, a Judge, and a Professional Athlete Talk About Family Litigation

In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable Paul…more

Beneficiaries, Estate Claims, Estate Planning, Family Members, Inheritance

See all updates »

Christopher Williams

Silicon Valley Bank Fallout: Navigating and Managing the Account Opening Processes at Other Financial Institutions

Silicon Valley Bank, Santa Clara, California, was closed on March 10 by the California Department of Financial Protection and Innovation (CDFPI). On March 12, the New York State Department of Financial Services (NYSDFS)…more

Anti-Money Laundering, Banks, Deposit Accounts, FDIC, Financial Institutions

See all updates »

Megan Williams

Secrets to Success as a Junior Associate in Big Law

In this episode of “Real Talk,” the hosts share their experiences as junior associates and what they wish they had known before starting their careers in Big Law. They offer tips on jumpstarting your career as a summer…more

Big Law, Career Development, Law Firm Associates, Women in the Law, Young Lawyers

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Brian Winfield

Buyer (and Seller) Beware: New Jersey Proposes To Require Reporting for Environmental Contamination Uncovered During Due Diligence

On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C…more

Amended Regulation, Buyers, Contaminated Properties, Due Diligence, Hazardous Substances

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Gary Wingens

Lowenstein Sandler 2021 Year in Review

An ongoing pandemic, a volatile economy, booming capital, private investment funds and M&A markets, and the early emergence of crypto and NFTs as institutional asset classes all presented unprecedented opportunities and novel…more

Business Development, Client Services, Law Practice Management

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Jonathan Wishnia

A Lawyer’s Approach to Real Estate Investment

Jonathan Wishnia, Chair of the Mortgage & Structured Finance practice at Lowenstein Sandler, and real estate investor, talks with Lowenstein commercial real estate lawyers Stacey Tyler and Stephen Tanico on today’s episode of…more

Commercial Real Estate Market, Interest Rates, Investment Funds, Investment Opportunities, Real Estate Development

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Freda Wolfson

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,…more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Min Xue

Key Tax and Employee Benefits Provisions of the CARES Act

On March 27, the United States House of Representatives passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”), and the President signed it into law. This alert summarizes key tax and employee benefits…more

CARES Act, Coronavirus/COVID-19, Employee Benefits, Relief Measures, Tax Relief

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Çagla Yetis

SEC’s 2025 Examination Priorities for Investment Advisers

On October 21, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (the Division) released its annual Examination Priorities for fiscal year 2025 (the Report). The Report identifies certain critical…more

Advisors Act, Bank Secrecy Act, Broker-Dealer, BSA/AML, Code of Conduct

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Yvette Yun

SEC Issues Additional Guidance on Investment Adviser Examinations and Compliance With the Marketing Rule

The Securities and Exchange Commission (SEC) routinely prepares Risk Alerts to provide helpful information to federally registered investment advisors (advisers). On June 8, the SEC released a Risk Alert that described…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Risk Alert

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Stuart Yusem

A Mortgage Loan Documentation Pitfall

A consequence of the COVID-19 pandemic is that many companies are unable to operate their businesses partially or completely. As a result, they have been compelled to seek relief from their landlords, vendors and…more

Business Closures, Business Interruption, Chapter 11, Coronavirus/COVID-19, Loan Documentation

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Kevin Zadourian

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule Compliance

On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment…more

Advertising, Disclosure Requirements, Endorsements, Investment Adviser, Investment Advisers Act of 1940

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Ed Zimmerman

SVB Financial Group Files for Chapter 11 Bankruptcy

Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the…more

Bank Holding Company, Bankruptcy Code, Bankruptcy Court, Banks, Bridge Banks

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Ruth Fong Zimmerman

Mass Arbitrations: Who Pays? Part II

Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and mediation,…more

Arbitration, Arbitrators, Dispute Resolution, Insurance Industry, Insurance Litigation

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Alexander D. Zozos

FINRA: An Unnecessary, Unqualified Digital Asset Regulator

The Financial Industry Regulatory Authority’s new request for digital assets activities adds more confusion to the regulatory environment. The United States Financial Industry Regulatory Authority, or FINRA, has once again…more

Bitcoin, Broker-Dealer, Cryptocurrency, Digital Assets, Financial Industry Regulatory Authority (FINRA)

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