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Publications

Publications

Cybersecurity Risks – How to Draft Proper Risk Factors in SEC Filings

October 11, 2021/9 minute read

Given the cybersecurity risks and threats companies face and the recent spate of well publicized cyberattacks, it is no surprise that the U.S. Securities and Exchange Commission (the “SEC”) requires…

Publications

After a Rocky Start, New York Will Soon Have a Cannabis Regulator: Can It Stick a Landing on Rules?

September 30, 2021/4 minute read

By Alex Malyshev. Published in the New York Law Journal. Last March former Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA) into law to much fanfare. In addition…

Publications

New Rule Affecting Certain Over-The-Counter (OTC) Issuers

September 24, 2021/2 minute read

On September 28, 2021, a new amendment to Rule 15c2-11 of the Securities and Exchange Act of 1934 (the “New Rule”) will go into effect. The New Rule requires broker-dealers…

Publications

Supreme Court Holds California’s Donor Disclosure Law Facially Unconstitutional

August 19, 2021/4 minute read

Americans for Prosperity Foundation v. Bonta, No. 19-251, consolidated with Thomas More Law Center v. Bonta, No. 19-255. The Court’s opinion is available here. On July 1, 2021, the Supreme…

Publications

Nasdaq’s “New Diversity Rule”

August 10, 2021/4 minute read

Update January 7, 2025: On December 11, 2024, the Fifth Circuit vacated the SEC’s order approving Nasdaq’s board diversity rules, holding that the rules did not relate to the purpose…

Publications

Google Privacy Policy Litigation Illustrates Evolving Disclosure Standards

August 5, 2021/6 minute read

Even the giants of the information age are working to keep up with tightening standards for privacy policy disclosure. Tech giant Google is currently defending against a class action and…

Publications

A New Administration Brings Continued Scrutiny to No-Poach Agreements

July 23, 2021/3 minute read

In 2019 we wrote about the intersection of non-compete and antitrust laws, which is most pronounced in the area of “wage-fixing” and “no-poach” agreements between competitors.  In 2016, during the…

Publications

Overview of Biden Executive Order Addressing Non-Competes

July 15, 2021/3 minute read

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy which the administration said included 72 initiatives aimed at lowering prices, increasing wages,…

Publications

Merchant Cash Advance Litigation Is Getting Wilder

July 2, 2021/6 minute read

By Jacob Nemon and Jeff Boxer. Published in the New York Law Journal. According to lore, the merchant cash advance (MCA) industry was born in New York, and its law continues…

Publications

Hemp and CBD Regulation: Beyond Delta-8 THC

June 30, 2021/5 minute read

By Alex Malyshev. Published in the New York Law Journal. To a large extent legalization of adult-use cannabis, including New York’s passage of the Marijuana Regulation and Taxation Act of 2021…

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