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Every Board of Directors need a true compliance expert sitting at the table. Almost every Board has a former CFO, former head of Internal Audit or persons with a similar background and often times these are also the Audit Committee members of the Board. Such a background brings a level of sophistication, training and SME that can help all companies with their financial reporting and other finance-based issues. So why is there not such compliance SME at the Board level? Three key takeaways: 1.... By: Thomas Fox.
Last week, the FTC released two new reports about the agency’s findings from an April 2017 study of consumers’ experiences with the car buying process. The FTC’s Bureau of Consumer Protection (BPC) authored a summary report called “Buckle Up: Navigating Auto Sales and Financing.” The BPC, in partnership with the FTC’s Bureau of Economics, also published, “The Auto Buyer Study: Lessons from In-Depth Consumer Interviews and Related Research,” which provides a more detailed discussion of the April... By: Ballard Spahr LLP.
On Wednesday, July 29, 2020, the House Judiciary Committee’s Subcommittee on Antitrust conducted its sixth hearing into online platforms and market power, welcoming as witnesses the chief executive officers of Amazon, Apple, Google, and Facebook. The hearing lasted more than five hours and was styled as “Examining the Dominance of Amazon, Apple, Facebook and Google.”... By: BakerHostetler.
In response to the COVID-19 pandemic, the Antitrust Division of the Department of Justice (DOJ) committed to issuing expedited "Business Review Letters" (BRLs) to provide requested guidance concerning permissible types of cooperation among actual or potential competitors relating to business initiatives focused on addressing the COVID-19 pandemic....
There is no reference to prudent discharge in the FCPA itself. However, a Board member might well think more than twice about the prudent discharge of duties to the shareholders as both the DOJ and SEC now might well wish to look into a Board’s prudent discharge of duties under the FCPA. Three key takeaways: What is prudent discharge? What is your process for doing compliance at the Board level? A Board must have active rather than passive engagement around compliance.... By: Thomas Fox.
Business operations can often involve a wide range of regulated activities, including financial activities, consumer-facing activities, health, safety and environment, data protection and sector-specific requirements. Engaging with regulators is increasingly an essential part of doing business and can be more complex for businesses operating across several sectors and jurisdictions, where there are different regulators. Taking steps to ensure a joined-up approach when engaging with regulators... By: Dentons.
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. Pennsylvania Insurance Commissioner Warns About Price Gouging - Pennsylvania’s top insurance regulator, Insurance Commissioner Jessica Altman, recently announced that the state insurance department has submitted a notice to the Pennsylvania Bulletin addressing billing... By: Proskauer Rose LLP.
The July 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Goldman Sachs' proprietary font software license and the Federal Trade Commission's proposed new Rule regarding "Made in USA" claims. In this issue: - Font Software Licensing – "Sans" Disparagement Clause - Made in the USA: The Federal Trade Commission Proposes a New Rule to Protect U.S. Manufacturers and Consumers... Please see full Newsletter below for more information.... By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
It was a relatively quiet week for the distribution industry. Enjoy. Family Travel Club Launched in the Midst of a Pandemic - (“Online Family Travel Club Launched by Wall Street Journal Alums Unbowed by Pandemic,” Jul 20, 2020 via Skift Travel News) (subscription may be required) This past week saw the launch of The Expedition, a subscription-based online travel platform focused on families. Founded by two former newspaper and magazine editors (Wall Street Journal, Travel + Leisure and... By: Foster Garvey PC.
The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a petition requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the Communications Decency Act (CDA). Unrelated, but part of the same fervor in Washington to “rein in social media,” the leaders of the major technology companies appeared before the... By: Proskauer - New Media & Technology.
In response to the public health crisis caused by COVID-19, states of emergencies were declared across the nation in order to implement emergency response plans and halt the spread of the virus. Generally, state governors have the power to declare states of emergency, by issuing executive orders which outline the duration of the declaration and the conditions that brought about the order. Since March 2020, all fifty states have declared states of emergencies. As a result of the declarations,... By: Proskauer - Minding Your Business.

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