Third Circuit Affirms FTC’s Ability to Bring Cybersecurity Enforcement Actions

by S Z | Sep 15, 2019

On August 24th, the United States Court of Appeals for the Third Circuit issued its decision in Federal Trade Commission v. Wyndham Worldwide Corp., affirming a 2014 district court ruling that the Federal Trade Commission (“FTC”) has the authority to...

Second Circuit Limits Government’s Ability to Seize Assets Without a Warrant

by Wiggin and Dana LLP | Sep 15, 2019

In the recent decision United States v. Cosme, 14-1625-cr, a panel of the Second Circuit held that the government cannot seize and then hold a defendant's property pending the resolution of criminal charges without a judicial finding that probable cause supports...

Second Circuit Clarifies that a Stay, Not Dismissal, Is the Appropriate Federal Arbitration Act Remedy

by Wiggin and Dana LLP | Sep 15, 2019

When a party files a lawsuit in violation of a contractual obligation to arbitrate, the defendant often moves to “dismiss or stay” pending arbitration pursuant to Section 3 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3. Courts have...

New Law Establishes a Bill of Rights for CCRC Residents and Streamlines Several Statutory Requirements for CCRCs

by Wiggin and Dana LLP | Sep 15, 2019

On June 23, 2015, Governor Malloy signed into law Public Act. No. 15-115, An Act Establishing a Bill of Rights for Residents of Continuing-Care Retirement Communities (“the Act”). The Act establishes several protections for residents of continuing care...

SEC Issues Interpretive Guidance on General Solicitations

by S Z | Sep 15, 2019

On August 6, the SEC’s Division of Corporation Finance offered interpretive guidance with respect to conducting a private placement under Rule 506(b) of Regulation D without running afoul of the “general solicitation” restrictions of Rule 502(c)....