SEC Charges SolarWinds and CISO with Fraud: Crucial Cybersecurity Lessons for Corporations & Legal Teams

In an extraordinary development that has caught the attention of global law firms and multinational corporations alike, software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, have been charged with fraud and internal controls charges by the Securities and Exchange Commission (SEC). At the crux of this case is a large-scale…

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Exploring AI’s Potential in Streamlining Construction Contract Drafting for Attorneys

In the continuously evolving legal landscape, artificial intelligence (AI) is gaining prominence as a tool in various sectors, and the world of contract drafting is no exception. Legal professionals are exploring the potential use of AI in drafting construction contracts, provoking a spectrum of opinions within the industry. Recently, attorney Mario R. Nicholas authored an…

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Alberta’s Renewable Energy Surge: Land Leases Propel Wind and Solar Growth

Alberta’s flourishing renewable energy sector has had robust growth in recent years, fuelled by the enactment of the Renewable Electricity Act in 2016. This extended legislation underscores the province’s dedication to enhancing the production of green energy in Alberta, aiming for 30 percent of Alberta’s electricity to be generated from renewable sources by 2030. The…

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Navigating Upcoming Legislation: The Impact on US Cannabis Industry Growth

The U.S. House of Representatives is currently considering two legislative measures and an administrative item that will significantly impact the legal landscape of the cannabis industry. The proposed bills and administrative items, while not taking center stage in public debate like the ongoing Israeli-Hamas conflict or issues surrounding Russia’s dispute with Ukraine, could play a…

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Navigating Due Diligence in Affix and Mail Service: CPLR § 308(4) Explained

In the complex realm of legal process, an emerging topic of discussion is the necessity of “due diligence” when performing “affix and mail” service (or “nail and mail” as it’s colloquially known). This unconventional method of service under CPLR § 308(4) has recently sparked some dispute, particularly regarding what constitutes adequate diligence. The burden of…

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Mediation: A Viable Solution for Resolving Complex Corporate Disputes Involving Officers and Directors

Corporate dispute resolution often represents an intricate layer of the legal landscape. Conflicts involving a company’s top brass—its directors and officers—can add further levels of complexity. Primarily, these complications arise due to the nature of the claims, more often, derivative claims brought on behalf of the corporation or Limited Liability Company(LLC). Ostensibly, the corporation seems…

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SEC Exempts Rule 144A Fixed-Income Securities from Disclosure Obligations: Impact and Implications

On October 30, 2023, the US Securities and Exchange Commission (SEC) granted relief for fixed-income securities sold pursuant to Rule 144A, exempting them from the public disclosure obligations of Rule 15c2-11. The exemption arrived against a backdrop of continued legislative pressure, industry lobbying, and a recently filed lawsuit. Sourced from a report by legal news…

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Biden-Harris Administration Seeks In-Depth Study and Regulation of Artificial Intelligence

In a pivotal move, the Biden-Harris Administration announced the issuance of an Executive Order (EO) on October 30, 2023, that instructs various Executive Agencies to commence an in-depth study and subsequent drafting of regulations in relation to Artificial Intelligence (AI). The aim is to address the growing concerns surrounding AI’s burgeoning influence in the realm…

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Federal Reserve’s Proposed Changes to Debit Card Regulation: Implications for Financial Institutions

As legal professionals looking into the intricacies of the financial world, it is important to stay updated with regulatory changes affecting our practice. One such proposed change has been recently announced by the Federal Reserve Board (“FRB”), potentially impacting Regulation II (Debit Card Interchange Fees and Routing). This regulation is the implementing regulation of the…

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SEC’s “Names Rule” Amendment: The Implications for Corporate Legal Professionals Against Greenwashing

November 2023 has seen significant developments in energy and sustainability litigation, primarily in response to federal regulatory amendments. The main regulation that made headlines was the “Names Rule” amendment by the Securities and Exchange Commission (SEC). On September 20, 2023, the SEC approved changes to the “Names Rule”. Initially proposed in May 2022, this rule…

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Court Ruling Clarifies Distinct Liability Boundaries in Oil Pollution and Hazardous Substances Cases

Last month, a noteworthy decision came from the 5th Circuit Court of Appeals in the case of Munoz v. Intercontinental Terminals Company. This case aimed to resolve a long-standing legal grey area involving the intersection of oil pollution and hazardous substances. For a long time, it wasn’t clear if the liability provisions of the Comprehensive…

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US Treasury Targets 130 Firms and Individuals, Strengthening Sanctions on Russia-linked Entities

The US Department of Treasury has recently reported imposing sanctions on 130 firms and individuals from Türkiye, China, and the United Arab Emirates (UAE). The move targets to limit Russia’s access to essential tools and equipment supporting their invasion of Ukraine. These sanctions address the production of technology, equipment, and other critical dual-use components Russia…

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Escalating Cyber Enforcement: How DOJ’s Civil-Cyber Fraud Initiative Affects Government Contractors

Government contractors should be increasingly vigilant about their cybersecurity practices following two years of the Department of Justice’s (DOJ) Civil-Cyber Fraud Initiative. Following the institution of this initiative, there has been a noticeable rise in both enforcement and regulatory activities concerning cybersecurity. An example of this heightened activity was evident in September, with the unveiling…

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Missouri Federal Court Orders Realtors to Pay $1.8 Billion in Damages: Legal Lions Emerge Victorious

In recent legal news, three powerhouse law firms, Ketchmark & McCreight PC, Williams Dirks Dameron LLC, and Boulware Law LLC, have notably led an edition of Law360’s Legal Lions following significant monetary awards. Specifically, a jury from a federal court in Missouri has issued a directive for the National Association of Realtors and two brokerage…

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Senate and House Committees Delve into Financial Protection for Servicemembers and SEC’s Impact on Capital Markets

On November 2, 2023, significant hearings took place in the U.S. Senate and House Committees that could have wide-ranging impacts on legal affairs in financial industries. The U.S. Senate Committee on Banking, Housing, and Urban Affairs convened with an agenda that centred around providing financial protection for one of the nation’s most valued cohort –…

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OIG’s Unfavorable Stance on Free Gifts Affects Healthcare Device Manufacturers

In a recent development, the Office of Inspector General in the Department of Health and Human Services (“OIG”) published Advisory Opinion 23-08 providing an unfavorable stance on the provision of free gifts in exchange for purchases of reimbursable devices. This advisory opinion specifically tackled a proposed arrangement involving a supplier’s durable medical equipment, prosthetics, orthotics…

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Navigating Invisible Divisions: The Shifting Role of Professional Services Firms in a Volatile Global Landscape

In an increasingly volatile global landscape, the role and responsibilities of professional services firms are shifting. These firms are not only expected to provide top-notch services to their clients but they’re also being prompted to voice their position on pressing societal issues. As highlighted by a notable incident during a pan-European excursion experienced by a…

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