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Law Firms Must Comply with Identity Theft Prevention Regulations

Wednesday, August 5, 2009

Over objections from the American Bar Association and other bar groups, the Federal Trade Commission (FTC) has declared that law firms must comply with recent regulations designed to prevent identity theft implemented under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). The ABA has argued that the Identity Theft Red Flags Rule, 16 C.F.R. Section 681 (2007), which due to a recent extension is scheduled to take effect November 1, place an "undue burden" on legal professionals and should not apply to law firms. Nonetheless, until such time as the FTC changes its position, lawyers and law firms covered by the rule that fail to implement a written identity theft prevention program may be subject to regulatory enforcement action and civil monetary penalties. Is your law firm in compliance?

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Commodity Futures Trading Commission v. Equity Financial Group, L.L.C.

Wednesday, July 29, 2009

Defendant Equity Financial is a commodity pool operator even though it did not itself execute commodity futures transactions but invested in another fund for that purpose.

Turning Up the Heat: Staying Ahead of the SEC's New Accelerated Enforcement Strategy

Tuesday, May 26, 2009

Fast-tracked formalization of investigations, delegated penalty negotiation authority, and improved whistleblower complaint processing will place the unprepared company or individual at a critical disadvantage.

Diversity Jurisdiction and the LLC

Wednesday, April 29, 2009

There are no published opinions from the United States Supreme Court, the United States Court of Appeals for the Third Circuit or the United States District Court for the District of New Jersey addressing the diversity jurisdiction of limited liability companies.

SEC Prohibits Staff Attorneys From Seeking Privilege Waivers During Investigations

Thursday, February 5, 2009

One notable item in the new SEC manual is a prohibition against SEC staff attorneys requesting that those under investigation waive attorney-client privilege and work product protection.

Alaska Electrical Pension Fund v. Pharmacia Corp. et al, etc.

Tuesday, February 3, 2009

Where there was an apparently legitimate scientific dispute between defendant and the FDA, the investors were not put on inquiry notice of fraud until a newspaper article stating that defendant withheld data regarding its drug's performance in a long-term study.

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