Cyber Resilience Imperative: Securing Transportation and Logistics Against Ransomware Threats

In recent times, the rising prevalence of cybersecurity threats has put transportation and logistics service providers under an industry-wide call to action, further emphasizing the need for cyber resilience in the digital era. The issue of cybersecurity vulnerability has not only concerned service providers and regulators but also attracted the attention of criminal elements, leading…

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DOJ’s M&A Safe Harbor Policy: Incentivizing Corporate Accountability and Transparency

On October 4, 2023, a significant development in corporate law arose with the announcement of the Department of Justice’s (“DOJ”) new “Mergers & Acquisitions Safe Harbor Policy” (“M&A Safe Harbor Policy” or “Policy”). The policy encourages corporations to voluntarily self-disclose any instance of corporate criminal misconduct to the DOJ. The policy was announced by DOJ…

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ICC Prosecutors Withdraw Charges Against Ex-Central African Republic Minister Maxime Mokom

On Thursday, International Criminal Court (ICC) prosecutors announced their intent to withdraw all charges against Maxime Mokom, the former Minister of Disarmament for the Central African Republic (CAR). Regarded as a former National Coordinator of Operations of the Anti-Balaka militia alliance, Mokom was accused of war crimes and crimes against humanity. These allegations linked him…

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Navigating the Complexities of Cannabis Banking and Financial Services

As the legal landscape swirls for marijuana-related businesses (MRBs), the recent years have been marked by both significant change and challenge. Despite a rise in the legalization of marijuana, both for medical and recreational use across various states, its classification as a controlled substance under the federal Controlled Substances Act (CSA) persists. This classification has…

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Mandatory Ownership Disclosure: How the Corporate Transparency Act Affects Small Businesses and Trustees

January 1, 2024, marks a significant date for small businesses and their owners as the effective date of the Corporate Transparency Act (the “Act”). This pivotal legislation mandates certain companies to disclose information about their operations and their ownership to the U.S. Financial Crimes Enforcement Network (FinCEN). Introduced with intentions to curtail illicit activities, the…

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Mandatory Reporting of Cyberattacks: CISA’s Initiative for Strengthened Defenses

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) is putting forth new regulations that would require victims of malicious hacks to report the breaches. These regulations, which would be among the agency’s first, could mandate the disclosure of cyberattacks, particularly those involving ransomware and other network compromises. Under the proposed regulations, companies in 16 crucial…

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DOJ Introduces Safe Harbor Policy for M&A Self-Disclosures, Encouraging Transparent Compliance Culture

According to a recent announcement by Deputy Attorney General (AG) Lisa Monaco, the US Department of Justice (DOJ) has introduced a new safe harbor policy for voluntary self-disclosures related to mergers and acquisitions (M&A). The announcement, which took place on October 4, 2023, was made in a speech delivered during the Society of Corporate Compliance…

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Webinar Tackles Organized Retail Crime: Strategies for Minimizing Business Impact and Public Threats

Organized Retail Crime (ORC) is no stranger to major industry players. Major retailers, manufacturers, distributors, and transportation providers all over the United States have been unfortunate victims. This form of crime brings with it not only the burden of financial costs, but it also escalates public security concerns and poses risks related to health and…

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Employer Liability in the Crosshairs: The Rising Threat of 401(k) Cyber Attacks

In a digital age where cyber-attacks are an ever-present and rapidly evolving threat, the question of employer liability for a breach of an employee’s individual 401(k) account has become of paramount concern. Cyber criminals are consistently exploring new opportunities and methods to exfiltrate digitally-held assets, making it increasingly challenging for organizations to keep up with…

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Florida Judge Faces Suspension for Overstepping Ethical Boundaries in Pro-Law Enforcement Campaign

A contentious issue has emerged in Florida’s judiciary system. The state’s Polk County Judge, John B. Flynn, who conducted a campaign heavily favouring law enforcement in 2022, is now confronting a 30-day suspension alongside a public reprimand. Judge Flynn had anchored his campaign on his law enforcement support, even obtaining endorsements from local law enforcement…

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DOJ’s M&A Safe Harbor Policy: A Step Forward in Corporate Transparency or Just a Ripple in the Water?

Recently, the U.S. Department of Justice (DOJ) unveiled a new M&A Safe Harbor Policy. Designed to stimulate enhanced corporate compliance and amplifying due diligence, the policy encourages the voluntary exposure of any criminal misconduct discovered during merger and acquisition transactions. This is a decisive move by the government in its continued pursuit of corporate transparency…

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Navigating Firearm Regulations: The Importance of Gun Trusts in Estate Planning

In estate planning, an often overlooked aspect involves clients who own firearms. These firearms typically require unique consideration and meticulous planning, largely due to the complexities of federal, state, and local gun laws and regulations. Delving into these complications, it becomes clear how gun trusts play a crucial role. Gun trusts are common tools used…

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David Lat Launches ‘Exclusive Jurisdiction’ Column for Bloomberg Law

David Lat, a seasoned legal journalist and writer, has announced the launch of his new column ‘Exclusive Jurisdiction’ for Bloomberg Law. The column promises nuanced interpretation of news, trends, and legal personalities shaping the profession today. This initiative was launched amidst the rush of several high-profile trials including the Department of Justice’s antitrust case against…

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Texas Attorney General Confirms Governor’s COVID-19 Executive Orders Carry Legal Force and Criminal Penalties

In a significant legal finding, the Texas Attorney General’s Office has opined that the emergency executive orders issued by the State Governor in response to the COVID-19 pandemic bear “the force and effect of law,” including the ability to impose criminal penalties. This revelation came into light as a reply to Williamson County Attorney Dee…

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New York Lawmaker Proposes Legislation for AI-Based Evidence in Court Proceedings

In a move suggestive of a rapidly evolving legal landscape, a New York lawmaker has instigated the process to formalize parameters for the acceptance of artificial intelligence (AI) derived evidence, both in criminal and civil court proceedings. The legislation, proposed by Clyde Vanel, D-Queens, is an indicator of the wider integration of emerging technology into…

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Judge Imposes Gag Order on Trump in D.C. Trial, Protecting Witnesses and Court Proceedings

Yesterday, Judge Tanya Chutkan imposed a restricted gag order on former President Donald Trump, prohibiting him from issuing verbal or written attacks on witnesses, prosecutors, and court staff. The verbal announcement came during a contentious hearing in which Trump’s lawyer, John Lauro, defended the defendant’s right to politically charged speech. However, Judge Chutkan’s response maintained…

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CFPB and DOJ Issue Joint Warning on Credit Decisions Based on Immigration Status

Legal professionals worldwide should take note of recent guidance from US authorities concerning the use of immigration status in credit decisions. On October 12, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) issued a joint statement emphasizing the risk associated with considering an applicant’s immigration status when making credit decisions. The…

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