SEC Exam Priorities 2023: Spotlight on Investment Advisers and Marketing Rule Compliance

On February 7, the Division of Examinations of the Securities and Exchange Commission (the “Division”) released its 2023 Examination Priorities (the “Exam Priorities”). These priorities appear to spotlight registered investment advisers (“RIAs”) and, more specifically, private fund advisers. The document underscores areas where heightened staff scrutiny is expected, one such area being the Marketing Rule….

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NC Judge Calls for Decorum in Justice’s Free Speech Lawsuit Against State Commission

A North Carolina federal judge recently admonished both Supreme Court Justice Anita Earls and members of the state Judicial Standards Commission for statements deemed to be “inflammatory”. The remarks in question have been made in connection to a lawsuit brought by Justice Earls against the commission itself. The suit alleges that the commission is actively…

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Navigating Challenges and Implications in Medical Device Warranty Practices

In the rapidly evolving field of medical technologies, it’s no less than crucial to remain informed about legal issues and manufacturer responsibilities that involve medical device warranties. One person who provides valuable insight about these matters is Dennis C. Gucciardo, an adviser to medical device manufacturers during product lifecycles within the US Food and Drug…

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CFPB Spotlights Mobile Tap-to-Pay Technology in Open Banking Ecosystem

The Consumer Financial Protection Bureau (CFPB) has recently published an issue spotlight on the assessment of tap-to-pay technology, in the context of contactless point-of-sale (POS) purchases on mobile devices. The review expounds on the significant roles that mobile device operating systems have, via tap-to-pay technology, in an open banking ecosystem. This insightful directive delineates the…

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Samsung Ordered to Pay Millions in Arbitration Fees: A Legal Reminder for Corporations

In a case that almost seems ripped straight from a Shakespearean drama, a court has ordered technology giant, Samsung to pay millions of dollars in arbitration fees. Allegedly, Samsung has violated the Illinois Biometric Information Privacy Act (BIPA), leading approximately 50,000 customers to file individual arbitration demands with the American Arbitration Association (AAA) under the…

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Honoring Latinx Contributions: Celebrating a Month of Diversity and Impact in Global Society

As the annual Latinx Heritage Month ensues from September 15 to October 15, we commemorate the invaluable contributions and rich history of individuals with ancestors from Spain, Mexico, the Caribbean, Central and South America. This month-long observance is not only a celebration of diverse cultures, but it also plays a crucial role in highlighting the…

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Supreme Court Long Conference: Predicting Key Case Grants and Attorneys in Spotlight for 2022 Term

The Supreme Court term for 2022 concluded this June, followed by justices taking their respective summer vacations and breaks. Some ventured on holidays, while others opted to teach in various locations, both in and outside the USA. Despite the justices being on break, it transpires that attention was also given to establishing ethical guidelines for…

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Navigating Shifts in Law School Recruitment: Challenges and Opportunities Amid ‘Exploding Offers’ Era

With a view to offering a more bespoke and competitive approach, various Am Law 50 firms have started to interact directly with students even before the traditional on-campus interview process begins. The emerging practice promises certain benefits but it also brings its own challenges into the spotlight. In the conventional On-Campus Interview (OCI) procedure, all…

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DOD Service Contract Policies Call for Urgent Refinement, GAO Report Reveals

The second week of September brought crucial developments to the legal landscape involving Government Contracts and Commercial Businesses. Cinching the spotlight, the Department of Defense (DOD) faced a wake-up call with a pivotal report from the Government Accountability Office (GAO) regarding its service contracts. In a report submitted on September 7, 2023, The Government Accountability…

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Third Circuit Ruling Shifts Antitrust Analysis from Quick Look to Rule of Reason

In a recent decision that could have significant implications for antitrust lawsuits, the U.S. Court of Appeals for the Third Circuit dismissed an appeal for a new trial presented by supermarket chain Winn-Dixie against the Eastern Mushroom Marketing Cooperative (EMMC). Winn-Dixie had alleged that EMMC, its individual mushroom farmer members, and certain downstream distributors conspired…

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