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Morrison & Foerster Discusses Impact of New York Amendments to Cybersecurity Regulation

By Miriam Wugmeister, Carrie Cohen, Kristen Mathews and Nathan Reilly December 15, 2023 by renholding

The New York Department of Financial Services (NYDFS) has finalized amendments (“Amended Regulation”) to its cybersecurity rule (“Cybersecurity Rule”) that applies to financial institutions licensed by the NYDFS. This comes after a series of proposed amendments (see our client …

Skadden Discusses AI Training Case Brought by Thomson Reuters

By Pramode Chiruvolu, Stuart D. Levi, Brianna M. van Kan and Taylor Beardall December 13, 2023 by renholding

In Thomson Reuters v. Ross Intelligence,[1] a district court largely denied the parties’ cross motions for summary judgment and held that a number of factual issues must be decided by a jury.

The decision provides some insight into

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Sullivan & Cromwell Discusses Recent Legal Developments on Voluntary Carbon Credits

By James M. McDonald, James M. Shea Jr., Marc Treviño, Samuel E. Saunders and Harshil Bansal November 22, 2023 by renholding

A large number of companies globally have announced net zero greenhouse gas (“GHG”) emissions targets, most of which are likely to require some form of carbon offsetting. Many consumers are also interested in offsetting their carbon footprint. The development of …

For Regulators, It’s All About Timing

By Adriana Z. Robertson November 13, 2023 by renholding

Regulators have a hard job. Novel financial products are developed and launched all the time. At first, regulators have very little information about these products; it makes sense to let the market develop a bit before taking action. But waiting …

Sullivan & Cromwell Discusses FTC Rules on Non-Bank Financial Institutions and Data Breaches

By Jared M. Fishman, Nicole Friedlander, Anthony J. Lewis, Shaun Her and Aaron M. Levine November 8, 2023 by renholding

On October 27, 2023, the Federal Trade Commission (“FTC”) voted to approve supplemental amendments to the Safeguards Rule (the “Final Rule”) that will require non-bank financial institutions to notify the FTC electronically as soon as possible, and no later than …

Wachtell Lipton Discusses Executive Order on the Risks of Artificial Intelligence

By William Savitt, Mark F. Veblen, Kevin S. Schwartz, Noah B. Yavitz and Courtney D. Hauck November 3, 2023 by renholding

On Monday, the Biden Administration issued a long-awaited executive order on artificial intelligence, directing agencies across the federal government to take steps to respond to the rapid expansion in AI technology. The order attempts to fill a gap in national …

Morrison & Foerster Discusses Agency Actions on “Junk Fees”

By Jeremy Mandell, Julie O’Neill and Rachel Ross October 18, 2023 by renholding

On October 11, 2023, the Federal Trade Commission (FTC) issued a proposed rule to prohibit so-called junk fees, and the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion to large banks and credit unions on charging fees for financial …

Arnold & Porter Discusses 2023 Annual Reporting and Proxy Season

By Rob Azarow, Paul Nabhan, Christian Schultz, Teresa Johnson and Jane Norberg September 28, 2023 by renholding

During 2023, the U.S. Securities and Exchange Commission (the SEC) continued its trend from 2022, actively engaging in regulatory rulemaking, providing disclosure guidance, and undertaking enforcement actions related to public disclosures and disclosure controls.

This Advisory provides a summary of …

Taxing the Metaverse

By Young Ran (Christine) Kim September 27, 2023 by renholding

The metaverse has gained popularity following Facebook (Meta)’s announcement that it would bring the “Metaverse” to life and the excitement around cryptocurrency and NFTs. The metaverse acts as a social network where people participate in virtual activities, like purchasing digital …

Arnold & Porter Discusses New National Security-Based Restrictions on Corporate Activity

By Deborah A. Curtis, Cate Baskin, Minjae Kim and Kerry K. Walsh September 14, 2023 by renholding

Recently, the whole of the U.S. government has showcased its commitment to addressing the national security implications of certain corporate activities. On September 11, 2023, the U.S. Department of Justice (DOJ) tapped its first National Security Corporate Enforcement Chief. The …

Decentralized Autonomous Organizations Are a Paradigm Shift in Business Evolution

By Wulf Kaal and Josh Bykowski August 25, 2023 by renholding

The historical trajectory of business entities is a testament to the intricate interplay between societal structures, technological advancements, and economic imperatives. From the rudimentary partnerships of early civilizations to the sophisticated joint-stock corporations of the 17th century, the evolution of …

Cleary Gottlieb Discusses DOJ, Commerce, and Treasury Advisory on Voluntary Self-Disclosure Policies

By David Last, Abena Mainoo, Chase Kaniecki, Samuel Chang and Andrew Saba August 14, 2023 by renholding

On July 26, 2023, the U.S. Department of Justice’s National Security Division (“NSD”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a Tri-Seal …

Tax Avoidance Through Cross-Border Mergers and Acquisitions

By Jean-Marie Meier and Jake Smith August 9, 2023 by renholding

In a new paper, we examine the extent to which cross-border M&A is influenced by tax avoidance motives and quantify the resulting tax savings.

Firms employ tax avoidance strategies like profit shifting or the relocation of their tax residence to …

SEC Chair Supports Rules on Public Company Cybersecurity Disclosures

By Gary Gensler July 27, 2023 by renholding

Today [July 26], the Commission is considering adopting final rules regarding cybersecurity disclosures by public companies. I am pleased to support these rules because they will enhance and standardize disclosures to investors with regard to public companies’ cybersecurity practices as

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Regulating Crypto-Trading Platforms as Exchanges

By Marco Dell’Erba July 5, 2023 by renholding

The Securities and Exchange Commission’s recent actions against Binance and Coinbase show that the commission is worried about the business model of crypto-trading platforms. In its complaint against Binance, for example, the SEC expressed concerns about the offering of “three …

Skadden Discusses New EU and UK Regimes for Regulating Cryptoassets

By Simon Toms, Azad Ali, Eve-Christie Vermynck and David Y. Wang June 30, 2023 by renholding

The European Union and U.K. are establishing comprehensive regimes for the regulation of cryptoassets. The Markets in Crypto-Assets Regulation (MiCA) was published in the Official Journal of the European Union on June 9, 2023, and will come into force on …

What’s in Your Climate Score?

By Madison Condon June 28, 2023 by renholding

An increasing number of consultancies, financial technology firms, data providers, and investment advisory groups offer information about localized physical climate risks like floods, hurricanes, and wildfires. In recent years, mainstream financial services companies have acquired many of the early climate-analytics …

Lawyers Must Responsibly Embrace Generative AI

By Natalie A. Pierce and Stephanie L. Goutos June 27, 2023 by renholding

The legal industry is on the brink of transformative change driven by the power of generative artificial intelligence (GAI) technologies such as ChatGPT. Goldman Sachs has predicted GAI could propel a 7 percent (or almost $7 trillion) increase in global …

Skadden Discusses How Supreme Court Decision in Jack Daniel’s May Affect AI-Generated Works

By Stuart D. Levi and Jordan Feirman June 16, 2023 by renholding

Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that helped generate them, …

Clandestine Corporate Political Spending as Illicit Insider Trading

By Michael R. Siebecker June 15, 2023 by renholding

Fueled by the landmark decision in Citizens United, which granted corporations essentially the same political speech rights as humans, corporations continually attempt to control political outcomes, ostensibly to promote shareholder value.[1] During the 2022 election cycle, corporations and business …

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