Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and user-generated content risks associated with their online services. While the specific assessment requirements vary across jurisdictions, the common thread is that providers will need to establish routine processes to assess, document, and mitigate safety risks.

The Corporate Transparency Act (CTA), designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, took effect on January 1, 2024. This update addresses how these CTA regulations will apply to corporate structures used in the mergers and acquisitions (M&A) transactions. In addition, in the M&A context, these regulations will mandate new processes for forming acquisition vehicles, additional filing requirements and considerations in due diligence, and changes to employment and operating agreements.

Acknowledging both the potential and the challenges associated with artificial intelligence (AI), the White House has issued a 100-plus page Executive Order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and accompanying “Fact Sheet” summary.

The Senate Bill 54 (the “SB 54”) was signed into law in California and will take effect March 1, 2025 for all investments made during calendar year 2024. The law will require “covered entities” to report the demographic information of “founding team members” of all companies in which the covered entity has invested. The law is meant to address the lack of venture capital funding flowing to diverse founders and is the first of its kind.

The growing use of video and automated technology, including artificial intelligence (AI), in employment practices—and the concern that the technology may foster discrimination and bias—has triggered a wide array of regulatory efforts. At least 11 statutes have been introduced targeting the use of AI-related technology to assist with employment decisions. Employers should take note of enacted and proposed legislation and consult with legal counsel before implementing automated employment technologies.

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions. Learn more about what tools are covered in the EEOC guidance that clarifies an employer’s responsibility for discrimination in AI employment tools.

Given the distress in the financial system and high-profile bank failures, many emerging companies may be asking themselves: “Why am I holding so much cash?” The Investment Company Act of 1940 may be to blame.

After the Silicon Valley Bank (SVB) collapse marked another bank failure, it triggered questions regarding the various considerations and options for holding short-term funds. With this reference chart, see the comparisons that show the characteristics of demand deposits with government securities and various money market funds as cash management alternatives.

On September 29, 2022, the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued its Final Rule implementing the beneficial ownership information reporting requirements of the Corporate Transparency Act legislation. The Final Rule brings about significant revisions to the U.S. anti-money laundering/countering the financing of terrorism compliance framework, implementing sweeping beneficial ownership disclosure requirements applicable to all U.S.

In this conversation, U.S. Congressman Darren Soto of Florida's 9th District tells us what the U.S. Congress is doing to regulate crypto currency and its inevitable introduction into the mainstream economy. From the hardware store down the street to huge financial institutions, Congressman Soto is doing his best to make sure crypto currency is freely transferrable and that we don’t have the regulatory gaps that now plague data security and privacy.

The growth and adoption of secure digital identity systems, including digital health status systems containing health records, could provide a uniform and reliable response to calls for health credential verification. Regardless of their origins, digital identity systems will have little success gaining public confidence and widespread acceptance unless they are designed with, at a minimum, the three pillars of trust, user-centricity, and data privacy and security in mind.

With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses. Some top questions are answered to help employers address the issues surrounding the vaccination.

In an illustrative, legal analysis on the ownership treatment of bitcoin under the U.S. State property law, the focus turns to California law for guidance on whether bitcoin ownership should be recognized as a property right. Although there are possible challenges to treating bitcoin as property, they do not undercut the legitimacy of such rights or create unmanageable enforcement issues.

The dynamic of having an exciting company with immediate needs juxtaposed against the uncertainty of the company’s growth or other changes in the coming years requires a thoughtful and practical approach when it comes to negotiating lease terms. The issues to consider for these types of leases are not just an “us versus them” or a “millennials versus older generation” polarization. For these types of leases, both the landlord and tenant must communicate expectations and deal-breakers early in the process.

While not every breach involves a type of personal information that requires notification or disclosure, every breach requires attention and an individualized response tailored to the facts and nature of the breach, and an evaluation of how processes can be improved to minimize the risk of future breaches. The most recent Security Breach Notification Law Chart offers business owners and compliance professionals a comprehensive view of state laws and understanding of each state’s sometimes unique security breach notification requirements.

Legal developments in digital currencies, including bitcoin, emerge almost on a daily basis across the global landscape. While in Argentina virtual currencies are not legal tender under the country’s National Constitution, in Croatia there are informal statements by the Croatian National Bank that look favorably on the legality of bitcoin. In Estonia, bitcoin income is treated as capital gains, and in Australia, virtual currency transactions are subject to goods and services taxes.

Fund groups face disruptive developments, as advances in financial technology, often called fintech, continue at an ever more rapid pace. Even as new efficiencies and opportunities blossom, regulators have pushed financial firms to recognize the dangers of technological failures. To prepare for the changes ushered in by fintech, it is important for fund boards, investment managers and separate account advisers to have a deep understanding of the issues and risks surrounding Fintech developments.

The federal government proposed sweeping new tax rules earlier this month that would dramatically affect family businesses, investment partnerships and other entities. These rules, which could become final and binding as early as the end of 2016, would artificially inflate the value of interests in family entities for gift and estate tax purposes. Families should now consider whether to accelerate their plans to transfer family business and investment assets ahead of these rules.