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South Dakota Breach Notification Law Breaks New Ground

Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018, … Continue Reading

Export Control Reform Act Introduced in Congress

On February 15, 2018, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced bipartisan legislation—the Export Control Reform Act of 2018 (“ECRA”)⸺to modernize U.S. export control regulation of commercial and dual-use items. The bill is co-sponsored by the committee’s ranking Democratic member, Eliot Engel (D-NY). The proposed legislation seeks to establish a permanent statutory basis … Continue Reading

SEC Adopts New Guidance on Public Company Cybersecurity Disclosures and Insider Trading

On February 21, 2018, the U.S. Securities and Exchange Commission (the “Commission”) approved a statement and interpretive guidance that provides the Commission’s views on a public company’s disclosure obligations concerning cybersecurity risks and incidents (the “2018 Commission Guidance”). This guidance reinforces and expands upon previous cybersecurity disclosure guidance issued by the Division of Corporation Finance … Continue Reading

Ninth Circuit Decision Provides Critical Win to FTC in its Authority over Internet Service Providers

In a ruling with implications for both net neutrality and privacy, the Ninth Circuit ruled en banc today that the common carrier exemption in Section 5 of the FTC Act is activity-based, reversing a 2016 panel ruling that the exemption was status-based.  Today’s decision bolsters the FTC’s authority to bring consumer protection (including privacy) and … Continue Reading

CFPB Request for Information Focuses on Concerns about the Enforcement Process

On February 7, 2018, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published the latest in its growing series of Requests for Information (“RFI”), this one seeking comment on the Bureau’s enforcement process.[1]  As with earlier RFIs, the Bureau recognizes that the enforcement process may impose burdens on regulated entities and is seeking information on … Continue Reading

FTC Enters Into COPPA Settlement With Online Talent Search Company

On Monday, the Federal Trade Commission (FTC) entered into a settlement with Nevada-based Prime Sites, Inc., doing business as Explore Talent, related to charges that Explore Talent violated the Children’s Online Privacy Protection Act (COPPA).  Explore Talent, an online talent search company, will pay $235,000 in civil penalties. According to the FTC’s complaint, Explore Talent … Continue Reading

Fight Against Sexual Misconduct Bringing Regulations, Protections for Lobbyists

 As sexual abuse, assault, harassment, and other misconduct have dominated national headlines, state capitols and lobbyists have not escaped scrutiny.  Amidst a spate of allegations and member resignations, some state legislatures and ethics commissions are taking action.  While a variety of measures are being considered, including tightening gift rules, it is apparent that lobbyists and … Continue Reading

CBP Revises Rules for Border Searches of Electronic Devices

 Last week, U.S. Customs and Border Protection (“CBP”) released a revised Directive governing searches of electronic devices at the border.  These are the first official revisions CBP has made to its guidelines and procedures for devices since its 2009 Directive.  The new Directive is intended to reflect the evolution of technology over the intervening decade, … Continue Reading

The Week Ahead in the European Parliament – October 20, 2017

Summary Strasbourg will be vibrant next week because the European Parliament will hold its plenary sitting. Members of the European Parliament (“MEPs”) are not expected to vote on many items, however a number of interesting debates will take place. On Monday, MEPs will discuss the upcoming report of the Committee on the Internal Market and … Continue Reading

The German Competition Register – a new animal in the jungle of EU Member States’ competition laws

On 29 July 2017, the new German Competition Registry Act (Wettbewerbsregistergesetz – WRegG) became effective. Organisations offering public tenders worth EUR 30,000 or more will have to check the register to verify whether participating undertakings are excluded from public procurement because of past offences. The new register will be hosted by the Federal Cartel Office … Continue Reading

Is Corporate Political Disclosure Leveling Off? Crunching the latest CPA-Zicklin Numbers

For years, the Center for Political Accountability’s annual CPA-Zicklin Index of corporate political practices has touted marked year-over-year increases in corporate political disclosure practices. Look at the subtitles for its recent reports: How Leading Companies are Strengthening Their Political Spending Practices (2013), How Leading Companies are Making Political Disclosure a Mainstream Practice (2014 and 2015), … Continue Reading

The Top Three Political Law Risks for Hedge Funds, Private Equity Funds, and Investment Firms

Perhaps no industry faces more scrutiny and regulation of its political activities than the financial services industry.   Even though these rules are often not intuitive, failure to comply with them can result in big penalties, loss of business, and debilitating reputational consequences.  In this advisory, we describe three sometimes overlooked political law related risks for hedge funds, … Continue Reading

SEC Pay-to-Play Rule Set to Expand to Capital Acquisition Brokers

The universe of those covered by the SEC’s pay-to-play restrictions is expanding. If a newly proposed SEC rule is adopted as expected, pay-to-play restrictions will now extend to cover the recently created class of broker-dealers called Capital Acquisition Brokers (“CABs”).  In this advisory, we discuss the background on the proposed rule and its implications for … Continue Reading

Kentucky Raises Contribution Limits in July, Adjusts Reporting

Starting this month, nearly all of Kentucky’s campaign contribution limits increase, excepting contributions that remain either unlimited in amount or prohibited. Perhaps the most substantial change is the establishment of building fund accounts for political party executive committees, which may now accept unlimited funds from corporations. Also of note is the elimination of an aggregate $10,000 … Continue Reading

Supreme Court Narrows Nationwide Injunctions on Travel Ban Executive Order, Effectively Reinstating Key Provisions

International Employment Earlier this week, the Supreme Court issued a ruling staying certain parts of the injunctions entered by the Fourth and Ninth Circuit Courts of Appeal against Executive Order No. 13780, the so-called “travel ban” Executive Order (the “Order”), and the State Department issued clarifying guidance last night. The effect of the Supreme Court … Continue Reading

Will the FEC Declare War on Russia?

Noting that we are at an “all hands on deck” moment for our democracy, FEC Commissioner Ellen Weintraub circulated to the Commission yesterday a document citing former Vice President Dick Cheney for the proposition that the United States is now at war with Russia, and that “[e]very part of our government that has jurisdiction over … Continue Reading

Top 5 Business And Human Rights Concerns For Companies To Monitor

Businesses are being bombarded with information about their global human rights and other nonfinancial responsibilities, and are under growing pressure to publicize their efforts in that regard. Below we outline five key developments that business should be actively monitoring in a rapidly evolving landscape. 1.“Hard” Legal Obligations Governmental efforts to force transparency are intended to … Continue Reading

What’s Next for the FEC?

Commissioner Ann Ravel’s decision to resign from the Federal Election Commission will have short term and long term effects on an agency empowered to interpret and enforce the federal campaign finance laws and disclose the money raised and spent in federal elections.  Its short term effects should be minimal.  The statute requires four votes for … Continue Reading

This Week in Congress – February 13, 2017

Both houses of Congress return on Monday. The Senate will continue to focus on confirming President Trump’s cabinet appointees and the House will continue to consider legislation disapproving federal regulations issued in the final months of the Obama Administration under the Congressional Review Act (CRA). The House is scheduled to return to legislative business on … Continue Reading

Guidelines for Interacting with President-Elect Trump’s Transition Team

Over the next nine weeks, the Trump Presidential Transition team will formulate policy and staffing recommendations for the new administration. This alert gives a broad overview of the Transition and the laws that regulate interactions with Transition team members on issues related to appointments and policy recommendations. Persons interested in this topic may also wish … Continue Reading

New Report Calls Out Corporate Political Disclosure “Basement Dwellers”

A report published today criticizes companies that refuse to disclose information about their political spending on their websites.  The non-profit Center for Political Accountability and the Zicklin School at Wharton annually rank all companies in the S&P 500 on their political disclosure practices, based on a 70-point metric.  The more information companies disclose on their … Continue Reading
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