The SEC’s charges of fraud and internal control failures against Solar Winds and its Chief Information Security Officer (CISO) reinforce the grave responsibilities held by a CISO. Alex Major and Chris Pogue cover the challenges facing public companies & CISOs in light of the enforcement action. Continue Reading
What Does My Signature Page Attach To? An Important Lesson in Contracting
Philip Amoa and Matt Rifino discuss in the Delaware Business Court Insider how the Delaware Court of Chancery’s decision in Braga Investment & Advisory v. Musa Yenni illustrates the importance of following contracting fundamentals. In Braga, an investor sought to rescind an agreement and Continue Reading
Cyber Security Slasher: What’s Lurking in FAR Case 2021-017, Cyber Threat and Incident Reporting and Information Sharing Proposed Rule
The Proposed Rule behind FAR Case 2021-017 may strike fear into the hearts of many contractors, as it implements new recommendations regarding cybersecurity reporting obligations. Alex Major highlights the necessary steps and potential risks federal contractors must consider in the Government Continue Reading
Biden Admin’s Mental Health Proposal May Not Be Enough
Kay Klele and Jessica Osterlof co-authored an article discussing the changes proposed by the Biden administration to the federal Mental Health Parity and Addiction Equity Act particularly with regard to the coverage gap and availability of services. Continue Reading
Setting the Table: The Department of Homeland Security’s Rules on Safeguarding Controlled Unclassified Information
Effective July 21, 2023, DHS is operating under new rules for government contractors on safeguarding Controlled Unclassified Information (CUI) and reporting cyber incidents. In this Feature Comment for The Government Contractor, Alex Major describes how government contractors can best navigate DHS’s Continue Reading
The Home Loan Banks’ Mission Is Vital. They Must Stay the Course
The Federal Home Loan banks have never run adrift of their mission. The only ones asking for trouble are those who suggest we get rid of these vital institutions, suggests Michael Horn. Continue Reading
Disclosing Risk Factors in Municipal Securities Offerings
Tax-exempt bonds are a common financing tool for state and local government issuers and nonprofit organizations, such as colleges, universities, and healthcare systems. Although municipal securities generally are exempt from federal securities laws, borrowers that benefit from these municipal Continue Reading
Challenging Government Use of Nontraditional White Collar Tools
The government prosecutes countless white collar cases with an ever-increasing reliance on nontraditional techniques, so defense attorneys must be aware of these tools and challenge them vigorously, advise Glenn MacKinlay and Dean Elwell. Continue Reading
New NJ Law Creates Flexibility for Corporate Conversion
Veronica Montagna, Alan Kornstein, and Matthew Windman discuss New Jersey's new law S.B. 142. The bill amends and supplements the New Jersey Business Corporation Act to provide procedures for (1) conversions, or the process of converting one type of entity to another type of entity, and (2) Continue Reading
The Southern District’s ‘Limited Exception’ for Finder’s Fee Contracts
In his latest New York Law Journal article, Peter Gennuso discusses a recent SDNY decision on the distinction between a finder and a broker under the securities laws, and what the decision means for finder’s fee contracts. Continue Reading