The Financial Crimes Enforcement Network (FinCEN) is one of a handful of federal authorities that have adopted whistleblower programs focused on facilitating enforcement in hard-to-target areas. While FinCEN focuses its...more
5/13/2025
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Compliance ,
Corporate Misconduct ,
Economic Sanctions ,
Financial Crimes ,
FinCEN ,
Government Agencies ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Reporting Requirements ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The federal Corporate Transparency Act (CTA), formed under the National Defense Authorization Act, establishes new disclosure obligations for millions of companies operating in the United States and abroad including...more
Each year, the Office of Foreign Assets Control (OFAC) initiates several enforcement actions targeting companies, financial institutions, and individuals in the United States and abroad. These enforcement actions can present...more
Blockchain presents unprecedented challenges around national security. This is true not only for the federal government, but also for businesses in the private sector. From cross-border transactions involving cryptocurrency...more
9/26/2023
/ Bank Secrecy Act ,
Blockchain ,
CFIUS ,
Compliance Monitoring ,
Criminal Liability ,
Cross-Border Transactions ,
Cryptocurrency ,
Defense Production Act ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Financial Institutions ,
FINSA ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular
Company executives and stakeholders in charge of making decisions to insulate their business from legal liability by the Office of Foreign Assets Control (OFAC) at the U.S. Department of Treasury have a difficult choice to...more
Below is an excerpt from Nick Oberheiden's latest book, "The Law of Tomorrow: Bitcoin, Tokens, Blockchain - An Introduction for Lawyers"
Blockchain is the next technology that lawyers shouldn’t ignore. Mainstream acceptance...more
2/21/2023
/ Arbitration ,
Blockchain ,
Corporate Records ,
Criminal Records ,
Cryptocurrency ,
Discovery ,
Distributed Ledger Technology (DLT) ,
e-Discovery Professionals ,
Electronically Stored Information ,
Financial Transactions ,
Intellectual Property Protection ,
Land Registries ,
Law Firm Associates ,
Law Firm Partners ,
Legal Fees ,
Legal Project Management ,
Legal Technology ,
Popular ,
Proof of Service ,
Settlement ,
Smart Contracts
Online cryptocurrency promotion—and promotion on social media in particular—has garnered national media attention in recent months. First, the U.S. Securities and Exchange Commission (SEC) announced that it had entered into a...more
12/7/2022
/ Bitcoin ,
Celebrity Endorsements ,
Cryptocurrency ,
Disclosure Requirements ,
Enforcement Actions ,
Ethereum ,
Federal Trade Commission (FTC) ,
Fraud ,
Investment ,
Investment Firms ,
Popular ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Social Media ,
TikTok ,
Transparency ,
Twitter ,
Unfair or Deceptive Trade Practices
For all of its upheaval, cryptocurrency seems like it is here to stay. This presents virtual currency businesses and institutional bankers with a dilemma: Do they capitalize on the increasingly powerful trend, or do they wait...more
NFTs, or non-fungible tokens, are digital assets that are sharply rising in popularity. Every day, individuals are launching new NFT projects with similar or new features compared to prior NFT projects. NFTs are attractive to...more
5/3/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Blockchain ,
Broker-Dealer ,
Criminal Penalties ,
Cryptocurrency ,
Digital Assets ,
Financial Institutions ,
FinCEN ,
Intellectual Property Protection ,
Investment Adviser ,
Investment Contract ,
Money Transmitter ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities Violations
STOs and NFTs -
STOs stands for “security token offerings.” They involve an offering of digitalized securities such as stocks, bonds, or other token and coin projects. The difference between an IPO and an STO is that STOs...more
3/31/2022
/ Blockchain ,
Digital Assets ,
Investment Contract ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Security Token Offering (STOs) ,
Utility Tokens
The IRS, Taxpayers, and Cryptocurrencies or virtual currencies -
The Internal Revenue Service (“IRS”) issued its first guidance on cryptocurrencies— “virtual currencies''—in 2014, taking the position that crypto...more
Cybercrime has been on the rise in recent years. In response, the federal government has shown an increased interest in prosecuting cybercrime offenses. The Computer Fraud and Abuse Act, codified at 18 U.S.C. Section 1030, is...more
The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. Section 1030, is one of the U.S. Department of Justice’s most potent weapons in its fight against cybercrimes. It outlines numerous offenses, and it imposes...more
9/1/2021
/ Computer Fraud and Abuse Act (CFAA) ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Defense Strategies ,
Department of Justice (DOJ) ,
Felonies ,
Misdemeanors ,
Popular ,
Risk Mitigation ,
Unauthorized Access
In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more
7/29/2021
/ China ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FBI ,
Foreign Agents ,
Foreign Governments ,
Foreign Nationals ,
National Security ,
Popular ,
United Arab Emirates (UAE)
Law firms process sensitive information on a daily basis. Confidential client data is targeted by hackers and insiders for a variety of reasons including financial gain or retaliatory purposes. When a law firm has a security...more
7/7/2021
/ Best Practices ,
Client Data ,
Compliance ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Hackers ,
Incident Response Plans ,
Law Practice Management ,
Popular ,
Ransomware ,
Risk Mitigation
1. AML Laws -
Federal anti-money laundering (“AML”) laws are complex in nature and apply to a broad category of institutions and businesses. One of the most important AML laws is the Bank Secrecy Act, which obligates...more
5/18/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Criminal Investigations ,
Criminal Prosecution ,
Customer Identification Program (CIP) ,
Defense Strategies ,
Due Diligence ,
Financial Institutions ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Suspicious Activity Reports (SARs)
From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more
2/3/2021
/ Best Practices ,
Cyberforensics ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Preservation ,
Data Protection ,
Data Storage ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Information Technology ,
Popular ,
Risk Management
For public and private companies in all industries, the risk of being targeted in a U.S. Securities and Exchange Commission (SEC) investigation is a very real concern. As new and innovative securities offerings continue to be...more
10/24/2020
/ Celebrity Endorsements ,
Compliance ,
Defense Strategies ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Fraud ,
Government Investigations ,
Influencers ,
Initial Coin Offering (ICOs) ,
Initial Exchange Offering (IEO) ,
Investment Fraud ,
Popular ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Scams ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Tokens ,
Securities Violations ,
Structured Financial Products ,
Virtual Currency
Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more
7/29/2020
/ Balancing Test ,
China ,
China Initiative ,
Controlled Foreign Corporations ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Discovery Disputes ,
Document Productions ,
Economic Espionage Act ,
Evidentiary Standards ,
Failure To Disclose ,
Federal Grants ,
Federal Rules of Criminal Procedure ,
Foreign Governments ,
Foreign Jurisdictions ,
Foreign Nationals ,
Foreign State Compulsion Doctrine ,
Hague Convention ,
Intellectual Property Protection ,
International Litigation ,
Medical Research ,
National Institute of Health (NIH) ,
National Security ,
Popular ,
Research and Development ,
Scientific Research ,
Theft ,
Trade Secrets ,
Trade Wars