As observed with the rescue of Silicon Valley Bank (SVB) and Signature Bank, the systemic risk exception allows the Federal Deposit Insurance Corporation (FDIC) to intervene in situations where the stability of the financial system is at risk. Although it was deployed in the 2008 financial crisis Continue Reading
AdExchanger | So I’m a Third Party, Not a Service Provider. Now What?
Companies throughout the ad tech ecosystem are reckoning with the fact that, due to the revised definitionof “business purpose” in the California Privacy Rights Act (CPRA), which amends the California ConsumerPrivacy Act (CCPA), they may no longer qualify as “service providers” under California Continue Reading
Reuters Legal News | Bankruptcy Relief for Cannabis-adjacent Debtors? It Gets Hazy
You may have heard this before: As cannabis remains a Schedule I drug under the federal Controlled Substances Act ("CSA"), cannabis companies cannot seek bankruptcy relief under federal law. Not so fast. Access to bankruptcy can be highly fact-dependent. When the debtor in question is adjacent to Continue Reading
Reuters Legal News | Clawback to the Future: Avoidance Actions in Crypto Bankruptcies
When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: Continue Reading
PR News | Protecting Companies from Being Victims in the Next Ye Controversy
Kanye West’s (aka Ye) recent fall from grace demonstrates the risks PR pros and marketers take when engaging with celebrity talent. Decisions of high-profile companies to halt ties with Ye demonstrate the need for a strong, well-drafted morals clause. Continue Reading
Employee Relations Law Journal | To Disclose or Not to Disclose: Key Takeaways from the CAA’s New Broker and Consultant Compensation Disclosure Requirements
2022 has proven to be a pivotal year for group health plans, as many new rules and compliance requirements take effect. Of note, the Consolidated Appropriations Act ("CAA"), signed into law on December 27, 2020, introduced a new requirement that, starting December 27, 2021, brokers and consultants Continue Reading
Reuters Legal News | New Privacy Laws in 2023 – Considering Draft Regulations in Colorado
Data privacy has been a hot topic throughout 2022. As companies are preparing for 2023, they should be prepared for upcoming state privacy laws in states such as California and Colorado. In a previous article, ("New privacy laws in 2023 - considering draft regulations," Reuters Legal News, Nov. 16, Continue Reading
Reuters Legal News | New Privacy Laws in 2023 – Considering Draft Regulations
There are five states with new comprehensive consumer privacy laws taking effect in 2023 — California, Virginia, Colorado, Utah and Connecticut. While businesses are well-advised to start their compliance efforts early, the lack of final implementing regulations from some states makes complete Continue Reading
Reuters Legal News | Understanding the Hunstein Decision’s Impact on Debt Collection
An 11th U.S. Circuit Court of Appeals case has left the debt collection world on pins and needles for a year wondering if a ministerial part of their business practice was suddenly a violation of the Fair Debt Collection Practices Act (FDCPA). For years, it was common practice to share consumer debt Continue Reading
Reuters Legal News | Repurchase Agreement Redux: Mortgage Loan Originator Bankruptcies Are Back
The reasons may be different, but mortgage loan originator bankruptcies are making headlines for the first time since the run-up to the 2008 financial crisis. Climbing interest rates on top of high home values have resulted in a sharp drop in origination volume on the heels of rapid growth and Continue Reading