Member Blog Posts

    Blog: Financial Services Perspectives

    Mounting Media Pressure for the Residential Solar Consumer Finance Industry Sparks Concerns about Increased Regulatory Scrutiny

    As more Americans install photovoltaic power generation and storage systems on their homes, journalists have reported incidents of alleged fraud and other forms of misconduct by solar system installers, finance companies, and other related parties. The media attention has correlated directly with an increase in press releases, investigations, and even lawsuits by attorneys general and...Continue Reading

    Blog: Antitrust Update

    Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

    On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

    Blog: The Business Law Blog

    Head in the Clouds? BC Introduces Retroactive PST Changes on Affecting Purchasers of Cloud-Based Computing Software

    Retroactive changes to the Provincial Sales Tax Act (British Columbia) (the “PSTA”) were announced February 22 by the BC Government in its 2024 budget. Should the enacting legislation[1] receive royal assent, the changes will be effective as of April 1, 2013. The most impactful changes would be: A retroactive expansion of the applicability of the PSTA that imposes a requirement on purchasers to pay PST on the purchase price of software acquired for use in BC; and An expanded definition of “software” for purposes of the PSTA. The BC Government’s stated pur...

    Blog: Data Security Law Blog

    New York’s Department of Financial Services Seeks Comment on the Use of Artificial Intelligence in Insurance Underwriting and Pricing

    The New York State Department of Financial Services (“DFS”) has entered its voice regarding the use of artificial intelligence (“AI”) by insurers by issuing for public comment a proposed circular letter addressing the use of artificial intelligence, specifically external consumer data and information sources (“ECDIS”) and artificial intelligence systems (“AIS”),  by licensed insurers (the “Circular [...]

    Blog: NextGen Financial Services Report

    A Lively Supreme Court Argument on the Constitutionality of CFPB Funding: Ruling Not Expected for Several Months

    On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading

    Blog: C-Suite Compensation Center

    Start-Up Compensation Designs: Focus on the Key Employees (Part 2 of 2)

    We host a monthly webinar series on executive compensation. At this upcoming Thursday’s webinar (held at 10:00 am Central on March 9, 2023), we are covering compensation designs and market practices associated with compensating key employees of a start-up corporation. Topics discussed include: (i) how to share in the dream without cash outlay, (ii) ideas... Continue Reading

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