On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading
Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law
Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading
FinCEN Issues Final Rule for Corporate Transparency Act
Overview: On the cusp of 2023, “reporting companies” can look ahead even further to 2024. The Financial Crimes Enforcement Network (FinCEN) issued a final rule applying to most corporations, limited liability companies, and other entities – foreign and domestic – under the Corporate Continue Reading
A Game Changer for Mortgage Foreclosure Cases In NY
A recent New York Court of Appeals decision is a game changer for the mortgage servicing and mortgage finance industries, write Adam Swanson and Jessie Bonaros, as lenders may find some loans considered time-barred are now recoverable. Continue Reading
An Inconvenient Requirement: New Proposed Rule Would Require Federal Contactors to Disclose Greenhouse Gas Emissions
Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split
Christopher Adams co-authored “Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split” in the winter issue of Garden State FOCUS. Continue Reading
Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees
NY’s courts are divided over the enforceability of investment banking fee provisions that incorporate general commercial practice or market standards. Peter Gennuso offers insight in the New York Law Journal. Continue Reading
CFIUS Issues Enforcement and Penalty Guidelines: A Contextual View
Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United States (CFIUS) on October 20, 2022. Pursuant to the Foreign Investment Risk Continue Reading