Publication - 08/13/2012

New FTC Standards for Data Security?

Data Security Client Alert

When the Federal Trade Commission, in conjunction with the White House, promulgated its Consumer Privacy Bill of Rights in February 2012, one of the more intriguing considerations was that the FTC appeared to be setting up a matrix by which a company’s voluntary decision to adopt that matrix could become the basis for an FTC enforcement action. Now, after several months, it should be back at the forefront of data security considerations for U.S. businesses.

Earlier this summer, the FTC used that matrix in authorizing a federal action against Wyndham Worldwide Corp. and three of its subsidiaries – a development that highlights a possible change in stance from FTC Commissioner J. Thomas Rosch and illustrates for businesses the importance of developing detailed data/privacy policies.

Click on the PDF link above to view the full alert.

FinCEN Proposes New Rules for Investment Advisers

Investment Management Alert

The Financial Crimes Enforcement Network, which is a bureau of the Department of the Treasury, has proposed rules that would designate SEC-registered investment advisers as “financial institutions” under Bank Secrecy Act (BSA) regulations.

Pension Factoring Companies in Regulator Crosshairs

Client Alert
Zachary Z. Augustine, Stephen C. Baker, Michael J. Miller

For two decades, factoring companies buying structured settlement periodic payments in exchange for heavily discounted lump sums have done their best to avoid the anti-assignment language in underlying settlement documents.

Obama Board Reaffirms Successor’s Right to Set Initial Terms of Employment when Taking Over Unionized Operation

Client Alert
Gerald T. Hathaway

Last week, the National Labor Relations Board issued a refreshingly employer-friendly decision which allowed a successor company to implement new pay terms without having to first bargain with the labor union.

CBP Requesting Comments on Collection of Trusted Trader Information

Client Alert
Kathleen M. Murphy, Mollie D. Sitkowski

On Monday, August 31, 2015, U.S. Customs and Border Protection (CBP) announced it will be collecting comments on the draft application for its Trusted Trader Program (the Program).

The NLRB Expands the Definition of “Joint Employer”


William R. Horwitz, Philippe A. Lebel

Yesterday, the National Labor Relations Board (the “NLRB” or “Board”) issued a decision greatly expanding the standard for determining whether a company may be deemed a “joint employer.”