News & Analysis as of

Bad Actors

StoneTurn

Do You Know Who Your Employee Is? Mitigating DPRK IT Worker Risk

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North Korean IT operatives are infiltrating U.S. and Western companies using stolen or fabricated identities, VPNs, and U.S.-based co-conspirators to gain unauthorized access to corporate systems. These insider threats pose...more

Lowenstein Sandler LLP

In Trump’s Second Term, Healthcare Enforcement May Remain Business as Usual

Compared with other issues, healthcare enforcement during President-elect Donald Trump’s upcoming second term has received little attention. When he takes office again on January 20, should industry actors like pharmaceutical...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

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Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Oral Argument Goes Well For Industry

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The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week over a challenge to the...more

Guidepost Solutions LLC

The Hidden Dangers of Unregulated AI: How Governance Protects Your Business

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A recent survey by Compliance Week revealed that nearly 70 percent of organizations use AI, but do not have adequate AI governance. This is shocking. But the most alarming part is that these organizations do not perceive that...more

Morrison & Foerster LLP

FinCEN Asks: Are Your Customers Deepfaking It?

“Can you create a New York driver’s license for a John Brown with brown hair and brown eyes, 5’11”, 200 lbs, living at 123 State Street in New York? Also, a bank statement from XYZ Bank displaying $235,887 in the account,...more

Patton Sullivan Brodehl LLP

The “Business Judgment Rule” Applies in LLCs Too

Corporate directors have long relied on the “business judgment rule,” under which their decisions are presumed to have been made “on an informed basis, in good faith, and in the honest belief that the action taken was in the...more

Cozen O'Connor

Bipartisan AG Coalition Urges the FCC to Close Robocall Loophole

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A bipartisan coalition of 47 AGs submitted reply comments in support of the FCC’s proposed rule Improving the Effectiveness of the Robocall Mitigation Database, which would implement additional safeguards designed to increase...more

Cozen O'Connor

NYDFS Issues Guidance on Cybersecurity Risks Arising from Artificial Intelligence

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On October 16, 2024, the New York Department of Financial Services (NYDFS) issued an Industry Letter that discusses the cybersecurity risks associated with the use of artificial intelligence (AI) and outlines strategies to...more

Baker Botts L.L.P.

OFAC Extends Recordkeeping Requirements for All Sanctions Programs

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In an era of active U.S. sanctions policy, it is not uncommon to see the Office of Foreign Assets Control (“OFAC”) issue a notice changing U.S. sanctions – promulgating a new sanctions program or updating the designation of a...more

StoneTurn

NCSC Warns U.S. Startups and Investors of Foreign Bad Actors with Money to Spend

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Last week, the National Counterintelligence and Security Center (“NCSC”), the Office of Economic Security and Emerging Technologies (“OESET”) and other coordinating government agencies issued a warning to U.S. venture...more

Rivkin Radler LLP

Collecting an Individual’s Unpaid Taxes from Their Controlled Entities

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An anonymous thinker, lost to history, is credited with having said that the unofficial motto of the IRS is, “We have what it takes to take what you have.” In some instances, the truth of the above statement is manifested in...more

Wiley Rein LLP

Robocall Enforcement: Voice Providers Should Take Note of FCC’s New “C-CIST” Designation for Actors Posing a “Significant Threat”...

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On May 13, the Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) classified for the first time a group of entities and individuals – dubbed “Royal Tiger” – as a Consumer Communications...more

Arnall Golden Gregory LLP

Account Takeover and Business Email Compromise Fraud: Legally Puzzling Payments Problems

In a series of three articles, we will address the ascendency of account takeover (“ATO”) and business email compromise (“BEC”) fraud — the unfortunate occurrence where a payor or intended payee’s account is compromised,...more

American Conference Institute (ACI)

[Event] 12th Annual Forum on Dietary Supplements - June 25th - 26th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more

Rivkin Radler LLP

Trust Fund Recovery Penalty & The Closely Held Business

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Depending upon what you read or, perhaps more accurately, depending upon how much you believe of what you read, you may be aware that many closely held businesses are concerned about their future. Most of these survived...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2024 - De Minimis An Ever-Growing Problem of De Maximus Proportion

From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more

Wiley Rein LLP

7 Tips for Leveraging Artificial Intelligence While Managing Risks in Political Campaigns

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While its full potential is still untapped, artificial intelligence (AI) is poised to play a greater role during the 2024 elections and future grassroots advocacy efforts. Here are seven tips corporations and others should...more

Jackson Lewis P.C.

Multi-factor Authentication (MFA) Bypassed to Permit Data Breach

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As organizations continue to take steps to prevent cyberattacks, a near-universal recommendation is that they should implement multi-factor authentication (MFA), and for good reason. Organizations subject to the updated FTC...more

Ankura

U.S. Department of Commerce Issues Proposed Rule Impacting AI and U.S. IaaS Providers to Counter Foreign Malicious Actors

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On January 29, 2024, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce issued a new proposed regulatory rule (the “Proposed Rule”), which will impose significant diligence, monitoring, and reporting...more

Cranfill Sumner LLP

Can the FTC Rein in AI Deepfakes?

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On February 15, 2024, the Federal Trade Commission (“FTC”) announced a supplemental Notice of Proposed Rulemaking (“NPRM”). The FTC has been the federal agency at the forefront of regulation in the Artificial Intelligence...more

Foley & Lardner LLP

CPSC Shares its Grand Plan at ICPHSO Annual Meeting

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The United States Consumer Product Safety Commission (CPSC) staff presented at several sessions during the International Consumer Product Health and Safety Organization’s (ICPHSO) annual meeting and training symposium in...more

Wiley Rein LLP

FTC Targets AI and Potentially More in Impersonation-Fraud Rulemaking

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On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally...more

Moritt Hock & Hamroff LLP

Corporate Transparency Act Alert

Enacted as part of the federal Anti-Money Laundering Act of 2020, the Corporate Transparency Act (“CTA”) requires all entities formed or operating in the United States, with limited exemptions, to disclose certain information...more

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

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