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Commercial Observer | How Valuation and Materiality Become Catalysts for CRE Litigation

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New Risks, Regulations and Enforcement in Lending Markets, Publication - July 12, 2023

AdExchanger | New US Privacy Rules For Sensitive Data: Key Items To Consider For The Rest Of 2023

U.S. state privacy laws are multiplying at a dizzying rate. The Virginia Consumer Data Protection Act, which came into effect on January 1, 2023, will be followed by the Colorado Privacy Act and the Connecticut Data Privacy Act on July 1, 2023 (“VA/CO/CT Laws”), the same date that the new Continue Reading

Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, Publication - July 10, 2023

The Licensing Journal | Is an NIL Crackdown on the Horizon? NCAA Signals Changes in Enforcement

After a series of losses culminating in the U.S. Supreme Court’s decision in NCAA v. Alston, the NCAA seemingly stepped back from aggressive public enforcement of impermissible benefits to student-athletes' rules violations. Following Alston, the NCAA issued an interim NIL policy in June 2021 that Continue Reading

Publication - June 21, 2023

Employee Relations Law Journal | Milestone Retirement Reform Arrives: Key Provisions of SECURE 2.0

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023, which contains an impressive collection of retirement plan reform provisions, popularly known as "SECURE 2.0." While certain elements of SECURE 2.0 build on provisions of other recent retirement reform, Continue Reading

Publication - May 25, 2023

Reuters Legal News | Perfecting Digital Assets: There’s No Control Without Power

In 2022, the Uniform Law Commission adopted new amendments to the model Uniform Commercial Code ("UCC") to address cryptocurrency transactions, including secured lending involving digital assets. These amendments have been enacted by at least five states (Washington, New Mexico, Colorado, Indiana Continue Reading

Publication - May 19, 2023

Practising Law Institute | Working with Brand Ambassadors: Why Brands Should Endorse Morals Clauses

Generally, endorsement deals, whereby an advertiser engages a recognizable performer or online influencer to promote the advertiser’s products or services, have proven to be a win-win for advertisers and talent alike. Engaging a celebrity performer or influencer (collectively referred to hereinafter Continue Reading

Publication - April 28, 2023

AdExchanger | Clean Rooms Aren’t A Data Free-For-All

Clean rooms are all the rage these days. They enable parties to engage in certain data processing activities in a more secure and privacy-friendly manner. Putting data in the possession of a presumably trusted third party makes a world of sense. But while clean rooms are very useful for some Continue Reading

Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, Publication - April 6, 2023

Reuters Legal News | No Guarantee Systemic Risk Exception Will Save the Next Bank

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

Publication - April 6, 2023

Employee Relations Law Journal | Plan Fee Litigation: The Tide May Be Turning in Favor of Plan Fiduciaries

For many years, plan sponsors and other fiduciaries have been caught in a whirlwind of litigation primarily related to 401(k) and 403(b) plan fees. Many of these cases have settled resulting in plan fiduciaries having to pay many millions of dollars. Other cases have resulted in adverse decisions Continue Reading

Publication - March 13, 2023

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 definition of “business purpose” in the California Privacy Rights Act (CPRA), which amends the California Consumer Privacy Act (CCPA), they may no longer qualify as “service providers” under California Continue Reading

Publication - January 30, 2023

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