The Commodity Futures Trading Commission (“CFTC”) has announced Division of Enforcement staff-level guidance that outlines whether a company’s compliance program was reasonably designed and implemented to (i) prevent the underlying misconduct at issue; (ii) detect the misconduct; and (iii) remediate the misconduct. At all points, the Division will conduct a risk-based analysis, taking into consideration
Borrowers and lenders beware. The DOJ has launched investigations into the popular SBA Paycheck Protection Program and the borrowers who received billions of dollars under the program. As reported by Bloomberg and other press outlets, the probe is being led by Assistant Attorney General, Brian Benczkowski and a team of prosecutors with the Fraud Section.
The Consumer Data Privacy and Security Act is a bill by Kansas Republican Sen. Jerry Moran, one of the many privacy bills in Congress right now. If the bill is passed, it would add 440 employees to the FTC’s 1,000-plus workforce. Kennyhertz Perry partner, Braden Perry, is featured in a Washington Examiner article discussing Moran’s
A number of the world’s leading democracies (U.S. excluded) would like to take a closer look at artificial intelligence (AI), and it’s affect on privacy, security, human rights, crime and finance. The U.S. has not joined this movement, for they believe this regulation could likely hurt businesses and the development of AI technologies. However, six
Alcohol producer Diageo plc, has been charged by the Securities and Exchange Commission (SEC) for violating antifraud provisions of Section 17(a)(2) and (3) of the Securities Act of 1933 and particular reporting provisions of the federal securities laws. Diageo’s lack of necessary disclosure of trending shipments and sales, has lead to a misleading idea of
A civil enforcement action was filed today in the U.S. District Court for the Eastern District of Missouri against Joshua Christian McDonald, and his company Perfection PR Firm LLC (PPR), by the Commodity Futures Trading Commission. McDonald’s company, out of California and Tennessee, was charged for an off-exchange foreign currency trading scheme of fraud and
Alphabet Inc., Amazon.com, Inc., Apple, Inc., Facebook, Inc. and Microsoft Corp. were issued Special Orders from the Federal Trade Commission (FTC) demanding they make available information and documents on acquisitions unreported to antitrust agencies under the Hart-Scott-Rodino (HSR) Act. The order requests documents discussing terms, scope, structure and reason for transactions from these big name
Magnify Money posted an article today discussing binary options, and how to simplify the understanding of them. In short, binary options are a form of options trading that comes with one of two payoff options: a fixed amount or none at all. They are a financial instrument based on the value of an underlying asset,
Kennyhertz Perry, LLC Partner, Braden Perry was featured as one of several Blockchain experts in two Disruptor Daily articles on Blockchain in the agriculture industry. Perry discussed growth and the future of Blockchain in agricultural businesses. Perry has extensive experience advising clients in agricultural business and Blockchain, particularly in enforcement matters involving complex emerging and
The FTC announced today that it sent letters to multiple companies that sell CBD products, waring them that claims they made regarding CBD violate federal law. These “warning letters” state that it is illegal to advertise that a product can prevent, treat, or cure human disease without competent and reliable scientific evidence to support such
When a party is contacted by a federal, state, or local regulatory or law enforcement or government entity, including the Securities and Exchange Commission, the Commodity Futures Trading Commission, Federal Trade Commission, Medicare/Medicaid agencies such as the Center for Medicare and Medicaid Services and the Office of Inspector General of the United States Department of Health
In an American Bar Association Student Lawyer publication, Braden Perry discusses the benefits to gathering information early for Character and Fitness Applications.
The key, said Perry, is to stay organized and focus on being consistent. “Consistency is often overlooked,” he said. “One of the things the Kansas Board of Law Examiners and other bar examiners do is look at your law school application, as well as any other applications they’re able to come across, and determine if there are inconsistencies. If there are, that’s a red flag.”