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Investigations Posts
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
Sep 19, 2018
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
This week, a federal district court in New York was the first to decide that federal securities laws may be used to prosecute fraud involving cryptocurrencies. In United States v. Zaslavskiy, Eastern District Judge Raymond Dearie held that the Securities Exchange Act of 1933 (“Exchange Act”) and Securities Act of 1933 (“Securities Act”) are broad…
How to Raise Capital Through Registration Exempt ICOs
May 15, 2018
How to Raise Capital Through Registration Exempt ICOs
The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions…
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
Mar 26, 2018
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with veto-proof majorities—the House by a vote of 388 to 25 and the Senate by a vote of…
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
Mar 2, 2018
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether…
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
Jan 31, 2018
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
When a company suffers a data breach, it is hit with a barrage of issues. For instance, How can it safeguard against another breach? Who should it notify of the breach and when (Authorities? The people whose data was compromised?)? What type of measures should it undertake to minimize possible damage to those whose data…
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
Jan 8, 2018
Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez
This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November. The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that…
The Territorial Tax System Under the Tax Cuts and Jobs Act
Jan 5, 2018
The Territorial Tax System Under the Tax Cuts and Jobs Act
Last year, the Senate and House approved the Tax Cuts and Jobs Act along partisan lines; on December 21st, President Trump signed the bill into law. Nearly 1100 pages long, the Act makes a number of sweeping changes to the U.S. tax code. Among other things, the bill reduces individual income tax rates, nearly doubles…
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
Dec 11, 2017
Mental Gymnastics: Silenced Voices of Victims in the Sexual Assault Case by USA Gymnastics Team Physician
The high-profile prosecution of the disgraced physician who treated U.S. Olympic gymnasts ended with a stern sentence but a lingering mystery regarding victim rights. U.S. District Court Judge Janet Neff, serving in the Western District of Michigan, sentenced Larry Nassar to 60 years in prison for his possession of child pornography, as well as some…
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
Dec 5, 2017
Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions…
Because We Can: Border Patrol Agent’s Presumed Authority To Search Your Electronic Devices
Nov 20, 2017
Because We Can: Border Patrol Agent’s Presumed Authority To Search Your Electronic Devices
This article was originally posted on FEE.org with the title “You Have a Right to Your Data at the Border” on November 18, 2017 Getting past U.S. Customs used to be an annoyance, an aggravating delay. But unless you were attempting to bring into the country something untoward (say, a delightfully stinky French cheese), you…
