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
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
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
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
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
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
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
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. A morals clause is more than legal Continue Reading