What Investment Advisers Can Learn from the 2024 Marketing Rule Risk Alert
Analyzing the Risk Alert yields guidance for SEC-registered advisers on questions they may face in future examinations related to Marketing Rule compliance.
Business Law Today: June 2024
Articles and Features
When Portfolio Companies Grow Overseas: Key Legal Issues for Investors
Understand pivotal legal considerations in international expansion, including tax, IP, and labor issues, through examples from four parts of the world.
Litigation Risks in Delaware for Failing to Preserve Messaging Data
Two recent Delaware Court of Chancery opinions emphasize the importance of preserving text messages and clarify the Court’s expectations for doing so.
SCOTUS Reverses Appropriations Clause Invalidation of CFPB Funding
The Supreme Court upheld the Dodd-Frank Act’s CFPB funding mechanism, concluding it fit “comfortably within the First Congress’ appropriations practice.”
Conflicts and Imputation from ‘The Client That Never Was’
ABA Formal Opinion 510 provides worthwhile guidance on some uncertainties in Model Rule 1.18 regarding conflicts of interest related to client prospects.
Eleventh Circuit Lowers Bar for Debtor Eligibility in Chapter 15 Cases
The court held requirements of § 109(a) of the Bankruptcy Code do not apply to foreign proceedings recognized under Chapter 15, creating a circuit split.
How Will the Recent Amendments to Illinois’s BIPA Affect the Use of Biometric Data?
SB 2979, signed into law in August 2024, amends the Illinois Biometric Information Privacy Act to limit damages and provide for electronic consent.
Understanding Payment Authorizations: Regulation E vs. NACHA Rules
The two governing schemes for payment authorizations for prescheduled transactions have different purposes, timing specifications, and other requirements.
State Healthcare Transaction Review Laws: A New Landscape
As state laws requiring review of healthcare transactions expand, parties need to understand how to navigate such laws and the practical issues they pose.
Months-in-Brief
June 2024 in Brief: Business Litigation & Dispute Resolution
Month-in-Brief update: SCOTUS Decides Who Determines Question of Arbitrability When Contracts Conflict; 2024 Delaware General Corporation Law Amendments.
June 2024 in Brief: Business Regulation & Regulated Industries
Month-in-Brief update: CFPB Proposes to Ban Medical Bills from Credit Reports; Algorithmic Prices under Antitrust Scrutiny; and more, from banking to IP.
June 2024 in Brief: International Business Law
Month-in-Brief update: The Council of the European Union Officially Adopts Artificial Intelligence Act.
June 2024 in Brief: Internet Law & Cybersecurity
Month-in-Brief update: Ninth Circuit Finds That Facebook’s “Face Signature” Technology Does Not Violate Illinois Biometric Information Privacy Act.
June 2024 in Brief: Mergers & Acquisitions
Month-in-Brief update: Another SPAC Suit Hits the Dust—Del. Court of Chancery dismisses breach of fiduciary duty claim, notes wave of similar filings.
June 2024 in Brief: Securities Law
Month-in-Brief update: SEC Private Fund Adviser Rules Vacated by 5th Circuit; Joint Statement on Application of IFRS 19 in SEC Filings; and more.