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The Blockchain and Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
As anyone launching an initial coin offering (ICO), token-generation event or whatever else they want to call it knows well—whether a token offering is a security or a cryptocurrency is a hot topic. The SEC seems to indicate many tokens are securities, while FinCEN says cryptocurrencies. Until recently, few courts have had the opportunity to weigh in on the matter. But on September 11, the United States District Court for the Eastern District of New York, in United States v. Zaslavskiy, issued a Memorandum & Order (the "Order") on the defendant’s motion to dismiss. Read More ›
Consider the common commercial loan collection situation: a business debt collateralized by relatively permanent collateral (real property or durable non-mobile equipment such as a printing press) and transient collateral (inventory, accounts receivable and cash). Frequently, there is also potentially recoverable unsecured debt because the collateral is insufficient to pay the entire debt and (a) the collateral does not include all the borrower’s assets so it is possible to collect the unsecured debt from the borrower, and/or (b) there are unsecured guarantees supporting the credit. What is counsel to do when the time arrives to plan litigation? Read More ›
SAVE THE DATE: August 28, 2018, at 3:00 p.m. EST
The growing importance of blockchain businesses, and particularly crypto currencies, is undeniable. Like every other important disruptive technology, think of the internet for example, there will be winners and losers among the early adopters, and serious business opportunities for “traditional” banks open to serving participants in the space. To be successful, it will be essential for crypto businesses to find financial institutions to serve their banking needs, such as the deposit of fiat money, the transfer of payments from customer and to creditors and suppliers, and potentially lending needs. But for now, while most bankers are interested, they are also worried about banking this industry of tomorrow. However, as the banking industry has proven over its long history, bankers will master the risks and rewards of servicing this new industry, and in doing so will come the capture of new sources of fee income and loan revenue. Read More ›
It takes many systems (hardware, software and employee activities) to operate a modern lending institution. Because these systems weren’t necessarily engineered with litigation in mind, it’s important for commercial loan litigators to understand how their lender clients’ systems are configured and suggest minimally disruptive ways for improving the configuration in order to save time and money in the event that litigation is initiated. Read More ›
On October 8, The Wall Street Journal broke the news that, as early as 2015, a flaw in Google’s social media platform, Google+, made it possible for third-party developers to access data from users’ non-public profile fields. Read More ›
As additional evidence that the United States takes enforcement of the Privacy Shield Framework seriously, a new wave of settlements has been reached concerning the Federal Trade Commission’s (FTC) complaints related to companies’ false claims of EU-U.S. Privacy Shield certification. The timing of these enforcement actions is significant since they come at a time when the future of this EU-U.S. agreement concerning the cross-border transfer of personal data is unclear. Read More ›
A blog about relevant legal perspectives for the health care industry.
While the Department of Health and Human Services’ Office of Inspector General is looking backwards in auditing telehealth claims, the Centers for Medicare and Medicaid Services (CMS) is peering forward by allowing reimbursement for new telehealth-based services. Read More ›
Co-Author: Joseph Brammer
The Office of the Inspector General's (OIG) audit dissected telehealth reimbursement under Medicare, finding multiple complications. Medicaid reimbursement is next up. Read More ›
Ohio Physician's Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijuana Physicians
Co-Author: Maxwell Williams
Cash only? Informed consent forms? Waivers of liability? The original Ohio Physician’s Guide to Cannabis Compliance (Part 1) was created to give Ohio M.D.s and D.O.s a starter pack for understanding Ohio’s Medical Marijuana Law, including the distinction between a prescription and a recommendation, and the all-important Rohrabacher Amendment, which requires strict compliance with state law to attempt to avoid prosecution under federal law. However, as more physicians obtain an Ohio Certificate to Recommend medical marijuana, deeper issues must be understood to limit liability associated with Ohio’s medical marijuana law and ensure legal compliance before designing a medical marijuana practice. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
Starting on July 6, 2018, the Trump administration has imposed a 25 percent ad valorem tariff on certain Chinese machinery and high-tech imports following an investigation pursuant to section 301 of the Trade Act of 1974 (the “Section 301 Tariffs”). The United States Trade Representative (the “USTR”) has determined, as a result of that investigation, that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are (i) unreasonable or discriminatory, and (ii) burden or restrict U.S. commerce. Read More ›
Starting on June 1, 2018, the Trump Administration has imposed a 25 percent tariff on steel and a 10 percent tariff on aluminum imports into the U.S. from all countries, except Argentina, Australia, Brazil, and South Korea. The exemption was granted to these four countries, as they agreed to quotas that prohibit any imports into the U.S. above certain specified levels. Read More ›
Earlier this month, Frost Brown Todd LLC published a legal update regarding the new 25 percent tariff on imported steel products, which went into effect on March 23, 2018. Under the original form of the presidential proclamation issued on March 8, 2018, the steel tariff would have applied to the importation of steel materials from any country except for Canada and Mexico. However, on March 22, 2018, President Trump amended the proclamation by adding four more countries and one union to the country-wide exemption list. As a result, until May 1, 2018, the steel tariffs will not apply to imports from Argentina, Australia, Brazil, Canada, the European Union, Mexico, and South Korea. Read More ›
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