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    FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims
    2023-10-16

    The Federal Trade Commission (FTC) announced it has reached a settlement with the bankrupt crypto company Voyager over the company’s alleged deceptive crypto marketing practices. Specifically, the FTC’s complaint alleges that from at least 2018 until its declaration of bankruptcy in July 2022, Voyager enticed consumers with promises that their deposits were insured by the Federal Deposit Insurance Corporation (FDIC) and were “safe.” However, consumers’ deposits with Voyager were not eligible for FDIC insurance and were not protected in the event that Voyager failed.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Litigation, Venable LLP, Due diligence, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Christopher L. Boone , Max Bonici , Ellen Traupman Berge
    Location:
    USA
    Firm:
    Venable LLP
    SCOTUS term in review
    2024-07-25

    Weil's Appellate & Strategic Counseling group welcomes you to Weil's SCOTUS Term Review. Here, we summarize and analyze the cases from the 2023 Supreme Court Term that are most germane to our clients' businesses.

    Filed under:
    USA, Arbitration & ADR, Capital Markets, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, US Securities and Exchange Commission, US Food and Drug Administration, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), False Claims Act 1863 (USA), Americans with Disabilities Act 1990 (USA), Administrative Procedure Act, Federal Arbitration Act 1926 (USA), Supreme Court of the United States, Financial services banks, Financial services corporate, Hardware, devices & electronic equipment, Media, Software & SAAS, Technology
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How to Use Blockchain Analytics to Investigate Insolvency in Crypto Lending Services
    2023-10-03

    Insolvency is a proliferating issue within the cryptocurrency ecosystem, specifically in the realm of crypto lending services. Many of the largest services have recently filed for bankruptcy, with Genesis, Voyager Digital, Celsius, and BlockFi falling in spectacular and contentious fashion [source: AP.news.com].

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Forensic Risk Alliance, Blockchain, Bitcoin, Cryptocurrency, Insolvency, Federal Trade Commission (USA)
    Authors:
    Meredith Fitzpatrick , Pete Bott
    Location:
    USA
    Firm:
    Forensic Risk Alliance
    Note to Lenders: CFPB Amends the Fair Debt Collection Practices Act
    2023-01-09

    In 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (“Rule”) that amends Regulation F, 12 C.F.R. part 1006, the Fair Debt Collection Practices Act (the “FDCPA”). The Rule became effective on November 30, 2021. Because the FDCPA was implemented over four decades ago, the Rule is designed to interpret and further the goals of the FDCPA in present day. The Rule places additional restrictions on debt collection practices and addresses communications regarding debt collection.

    Scope of the Rule

    Filed under:
    USA, Banking, Insolvency & Restructuring, Lewis Rice LLC, Bankruptcy, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    John J. Hall , Jacquelyn H. Sicilia
    Location:
    USA
    Firm:
    Lewis Rice LLC
    An International Joint Venture Agreement Checklist: Deal Points
    2022-06-27

    We developed this checklist as a tool and guide to necessary and optional elements to negotiate and document the principal agreement or deal document in an international or cross-border Joint Venture (“JV”) between a U.S. party or parties and one or more non-U.S. parties.

    Filed under:
    European Union, Global, USA, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Tax, Trade & Customs, Kurtin PLLC, Joint venture, Cross-border transactions, Special purpose vehicle, Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Export Administration Regulations (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA)
    Location:
    European Union, Global, USA
    Firm:
    Kurtin PLLC
    Privacy Issues in Bankruptcy Sales
    2021-09-29

    As we move closer to a global recession caused by the current pandemic, some companies will find themselves in the unfortunate position of having to seek bankruptcy relief. This may have some important and often overlooked privacy implications. There is no question that in this day and age, one of a business’ most valuable assets is the personal information that it has collected from its customers and/or end-users – often more so than any of its tangible assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Hopkins & Carley, Personal data, Federal Trade Commission (USA), GDPR
    Authors:
    Céline M. Guillou , Monique Jewett-Brewster
    Location:
    USA
    Firm:
    Hopkins & Carley
    FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling
    2021-06-18

    On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the Gramm-Leach-Bliley Act (GLBA) prohibiting the use of fraudulent statements to obtain consumer information.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Sheppard Mullin Richter & Hampton LLP, Federal Trade Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Moorari Shah , A.J. Dhaliwal , Brandon Faus
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Global Healthcare Transactions Series: How COVID-19 Impacted Transactions in the United States
    2021-06-17

    After a sluggish year in 2020 for mergers and acquisitions among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity.

    Filed under:
    USA, Competition & Antitrust, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Morgan, Lewis & Bockius LLP, Medicare, Medicaid, Supply chain, Telemedicine, Coronavirus, Personal protective equipment, Paycheck Protection Program, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), US Department of Justice, Affordable Care Act 2010 (USA), CARES Act 2020 (USA)
    Authors:
    Janice Z. Davis , Zachary M. Johns , Ryan Kantor , Sandra J. Vrejan , Glenn E. Siegel , Mark B. Stein
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Florida moves quickly to preserve its status as a business-friendly state
    2011-08-02

    Sometimes state legislatures react slowly to judge-made law and sometimes they move swiftly to correct perceived problems created by court rulings. Often, such rash legislative action is not well thought-out or properly drafted, making the solution worse than the fix. However, in Florida, within one legislative session, the Florida Legislature and governor considered and enacted a set of amendments to Florida's limited liability statute that hopefully will signal the business community that Florida knows how to pass laws that make sense.

    Filed under:
    USA, Florida, Company & Commercial, Insolvency & Restructuring, Foley & Lardner LLP, Debtor, Fraud, Interest, Limited liability company, Foreclosure, Limited partnership, Dissenting opinion, Federal Trade Commission (USA), Constitutional amendment, Florida Supreme Court
    Authors:
    Mark J. Wolfson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells

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