Compliance

Expert Analysis

• How New US M&A Restrictions On China Will Affect Tech Cos.

  

  The Trump administration recently launched an unprecedented regulatory blitz designed to further protect domestic information and communications technology and services from what it considers Chinese threats. These steps will constrain transactions that could expand China’s access to the U.S. market and to U.S. technology — and some have an immediate effect, say attorneys at Kirkland.

• An Ethics And Compliance Punch List For Gov't Contractors

  

  The U.S. Department of Justice recently reiterated that it will not tolerate government contractors that lack a required business and ethics compliance program. With consequences so high, now is the time for companies that have fallen behind to catch up, say Robert Tompkins and Rodney Perry at Holland & Knight.

• What The IRS' New Cryptocurrency Guidance Should Address

  

  The IRS recently announced it will be revising it's 2014 guidance on taxation of cryptocurrency. Hopefully the new rules will establish a fairer method of determining cost basis and demystify other tax consequences arising from cryptocurrency transactions, says Sean Ryan of blockchain accounting software firm NODE40.

• Illinois Law On Job Interview AI: What Employers Must Note

  

  Illinois recently passed a law targeting employers' use of artificial intelligence in job interview videos, making it the first state to legislate the use of AI in the employment context. However, several ambiguities pose potential compliance challenges, says Gary Clark at Quarles & Brady.

• Key Differences In Nev. And Calif. Data Privacy Laws

  

  Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

• A Look At China's New Cybersecurity Guidance

  

  Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

• What Employers Can Expect From NLRB's New Reg Agenda

  

  The National Labor Relations Board recently outlined its rulemaking priorities. From union election "blocking charges" to standards for determining joint employer status, Lori Armstrong Halber at Reed Smith discusses the important details from each agenda item.

• A Guide To FCA Cooperation Credit For Life Sciences Cos.

  

  Though the U.S. Department of Justice's guidelines on cooperation credit in False Claims Act matters fail to answer some key questions, they do describe how life sciences companies can cooperate without admitting liability — though companies may need to share information with the U.S. Food and Drug Administration as well, say attorneys at Ropes & Gray.

• Financial Services Regulation For Fintech Companies: Part 2

  

  In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

• How Purdue Opioid Win Could Bolster J&J In Okla. Trial

  

  North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

• The Fight Over DOJ's New Wire Act Opinion Continues

  

  While the New Hampshire Lottery Commission secured an early victory this month in the court battle over the U.S. Department of Justice's drastic November 2018 shift on the Wire Act, the gambling industry remains stranded in limbo, say Christopher Tellner and Katharine Fogarty at Kaufman Dolowich.

• NJ Tax Stop: Indirect Sales Tax Assessment Methods

  

  In light of the New Jersey Division of Taxation’s continued use of indirect assessment methods in audits, we discuss the landmark decision in this arena, Yilmaz v. Division of Taxation, as well as some recent cases that provide guidance for taxpayers wishing to challenge these audits' conclusions, say attorneys at Cole Schotz.

• Government Contractor Compliance: 1 Size Can’t Fit All

  

  Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

• 5 Ways Law Firms Can Improve Their Job Interviews

  

  When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

• Financial Services Regulation For Fintech Companies: Part 1

  

  Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.