Compliance

Expert Analysis

• Aviation Watch: Red Lights For Virgin Galactic

  

  After a troubled flight in July, the Federal Aviation Administration has grounded Virgin Galactic's private spaceflight operation — and given the seriousness of the company's possible violations of federal aviation rules, its regulatory troubles could be just beginning, says Alan Hoffman, a retired attorney and aviation expert.

• 3 Attorney Ethics Considerations For Litigation Funding

  

  The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

• Key Trends In Recent Cyber-Related Securities Class Actions

  

  ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

• Commercial Takeaways After Tech Co. Faces Export Fine

  

  The U.S. Department of State recently fined Keysight Technologies for violating U.S. export control requirements, underscoring that commercial sector companies without export compliance resources are still responsible for following the International Traffic In Arms Regulations and the Export Administration Regulations even if they have few government customers, says Thomas McVey at Williams Mullen.

• 4 Steps For Improving Board Diversity Per New Nasdaq Rule

  

  Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

• How ABA Opinion Shifts Alternative Biz Structure Landscape

  

  A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

• Telehealth Providers Must Beware Of Fraud As Industry Grows

  

  A recent fraud charge against a telehealth executive highlights the rise we're seeing in telefraud scams during the industry's pandemic growth, and there are some steps that all health providers should take to stay clear of potentially illegal arrangements, says LaTawnda Moore at Dinsmore.

• UK Focus On Int'l Data Transfers Shows Appetite For Reform

  

  Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

• How Crypto Cos. Can Help Curb Pandemic Relief Fraud

  

  The conversion of pandemic relief funds to cryptocurrency impedes oversight and raises questions about whether taxpayer dollars are going to bad actors, so crypto companies should partner with law enforcement to curb fraud, while gaining credibility and protecting the industry's reputation, say Special Inspector General for Pandemic Recovery Brian Miller and former SIGPR special counsel Chris Cooke.

• Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

  

  As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

• Opinion

  Why Coinbase Was Destined To Lose Its Battle With The SEC

  

  In the wake of Coinbase's pulling of its new lending product, despite the crypto platform's initial rejection of U.S. Securities and Exchange Commission scrutiny, cybersecurity consultant John Reed Stark explains why Coinbase's defenses were doomed and that the program was obviously a security.

• Series

  Embracing ESG: HPE Counsel Talk Effective Board Oversight

  

  Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

• OPT Class Action Settlement Will Help US Retain Talent

  

  The agreement reached between the U.S. Citizenship and Immigration Services and applicants for post-graduate optional practical training, to remove unintended obstacles to participation caused by pandemic-related processing delays, signals the government’s recognition that retaining U.S.-educated foreign talent is critical to the economy, says Lindsey Steinberg at Mintz.

• Now Is The Time For A Compliance Program Tuneup

  

  As pandemic-related telework continues to create new ethics risks, employers should use this opportunity to evaluate and strengthen their compliance approach using the U.S. Department of Justice’s updated guidance to prosecutors, says Raymond Perez at Fisher Phillips.

• Parsing New Int'l Tax Reporting Rules For Pass-Throughs

  

  Attorneys at Grant Thornton unpack the Internal Revenue Service’s new pass-through entity reporting requirements for international tax matters and the accompanying guidance for penalty relief, and suggest how companies should prepare for what may be the most significant change to the partnership compliance function in decades.