Law X.0

Digital currencies have the potential to transform the financial industry, with wide-ranging implications for regulators and attorneys. This three-part series on cryptocurrency demystifies a rapidly changing field, the regulatory response, and what it all means for law practices. 

In this episode, Bloomberg Law senior data analytics manager Tom Shen and senior legal analyst Robert Kim explain the mechanics of cryptocurrencies and how they intersect with regulators and traditional banking. Shen discusses how blockchain technologies are streamlining banking processes and explains why stablecoins aren’t necessarily stable.

Federal and state agencies are turning their attention to the cryptosphere, according to Kim, but the U.S. regulatory system may be moving too slowly to avoid falling behind to China and other countries on crypto. Going forward, law firms and companies can expect more requests for compliance advice and defenses against enforcement in uncertain regulatory territory.

Cryptocurrency Part 2 will feature SEC Commissioner Hester Peirce, also known as “crypto mom.” In Part 3, we’ll interview Linda Lacewell, Superintendent of the New York State Department of Financial Services about Bitlicenses for cryptocurrencies. 

Listen and subscribe to Law X.0 from your mobile device:  Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

Hosts: Dori Goldstein and Meg McEvoy

Guests: Robert Kim, senior legal analyst at Bloomberg Law; Tom Shen, senior data analytics manager at Bloomberg Law

Producer: RJ Jewell

Businesses are increasingly turning to litigation finance to fund commercial lawsuits. The practice transfers risk to third parties and moves high legal fees off a company’s balance sheet. Charles Agee, founder and managing partner of Westfleet Advisors, discusses the maturing litigation finance industry. Agee estimates that more than half of Am Law 200 firms have had clients use commercial litigation finance.

Standards are emerging across litigation finance contracts, according to Agee. For example, funders are always passive financiers who don’t get to control litigation strategy. But despite rising awareness of litigation funding, the industry lacks transparency and usage data. The industry is also not without its opponents—the U.S. Chamber of Commerce Institute for Legal Reform has called for mandatory disclosure of litigation funding arrangements.

Litigation finance is increasingly a business development tool for law firms. Agee discusses how firms have an opportunity to educate clients on the benefits of using litigation finance and deploy it internally as a source of capital.

DOJ recently announced it is stepping up enforcement of FARA (the Foreign Agents Registration Act), breathing new life into this World War II-era law. FARA requires “agents” of a foreign principal to register – but Joe Moreno, former federal prosecutor and partner at Cadwalader, thinks the law is vague and is being applied too broadly.

In one of the cases to come out of the Mueller investigation, former Skadden partner Greg Craig was acquitted of FARA charges over his representation of the Ukrainian government. The case is an example of DOJ’s increased focus on U.S.-foreign relationships and the challenges and deficiencies of this statute, according to Moreno. Despite the law’s shortcomings, FARA enforcement may be a key part of DOJ’s policy as it seeks to avoid another 2016 election scenario.

Moreno thinks more clarity is needed on FARA’s reach and requirements. Moreno also has some advice for law firms and consultants who represent foreign entities for staying compliant with FARA.

Listen and subscribe to Law X.0 from your mobile device:  Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

Hosts: Dori Goldstein and Meg McEvoy

Guest: Joe Moreno, Partner, White Collar Defense and Investigations Group, Cadwalader

Producer: RJ Jewell

Why should a lawyer who doesn’t represent health care or insurance companies be concerned about HIPAA? One of the largest health care data breaches, which compromised nearly 25 million individuals’ records, didn’t occur at a hospital or clinic – it was the result of a billing/collection company breach.

Betsy Mountenay, analysis manager at Bloomberg Law who focuses on health care, interviews Iliana L. Peters, a shareholder and health law attorney at Polsinelli in Washington, DC. Peters is the former acting deputy director and senior advisor for HIPAA compliance and enforcement at the Department of Health and Human Services Office of Civil Rights.

Mountenay and Peters discuss how non-health care entities can violate HIPAA if they’re in a business associate relationship. According to a Bloomberg Law analysis, 25% of data breaches reported since 2016 happened on a business associate’s watch.

Congress is also starting to scrutinize the vendor selection process for health care companies. A wide variety of tech companies working with health care companies could be expected to have stronger HIPAA safeguards. At the same time, many medical-related apps providing services directly to consumers may not be covered under HIPAA.

 Peters and Mountenay also discuss enforcement areas that HHS state agencies are focusing on.

Listen and subscribe to Law X.0 from your mobile device: Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify

Hosts: Dori Goldstein and Meg McEvoy, Guest Host: Betsy Mountenay

 Guest: Iliana Peters, shareholder and health care attorney at Polsinelli

 Producer: RJ Jewell

John E. Smith, former director of the Treasury Department’s Office of Foreign Assets Control (OFAC) and co-head of Morrison Foerster’s national security practice, discusses the current Iran sanctions and their impact on global business. Since the U.S. withdrew unilaterally from the Iran nuclear deal, it has become an outlier, as much of the rest of the world, including Europe, wants to continue to do business with Iran.

 

Smith discusses the risk of sanctions fatigue as economic penalties become a more common tool for the administration. Smith also addresses how OFAC, a relatively small department within Treasury, is working on implementing the administration’s sweeping sanctions regime.

 

In terms of the private sector, the Iran sanctions have had an outsized impact on financial services – banks are becoming increasingly conservative as OFAC has asserted its influence on global companies through their banking transactions.

 

Smith offers tips for attorneys counseling global companies and financial institutions in this sanctions-rich environment.

 

Listen and subscribe to Law X.0 from your mobile device: Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify

 

Hosts: Dori Goldstein and Meg McEvoy

 

Guest: John E. Smith, co-head of Morrison Foerster’s national security practice

 

Producer: RJ Jewell

Orrick has been named the Most Innovative North American Law Firm by Financial Times for the past three years. Three members of Orrick’s innovation team, Wendy Butler Curtis, Chief Innovation Officer, Kate Orr, Senior Innovation Counsel, and Daryl Shetterly, Director of Orrick Analytics, discuss how the firm has engineered and maintained an innovative culture.

 

The innovation team discusses concrete steps firms can take to optimize processes and get innovation into the DNA of an organization.  They also have some advice on what skills lawyers should acquire to succeed in a new type of law firm (and why the youngest lawyers might be the most innovative).

 

Shifts in the delivery of legal services and the transformation toward data-driven decision-making are having big impacts on legal practice. Hear Orrick’s approach to staying ahead of the curve in today’s legal landscape.

Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

Hosts: Dori Goldstein and Meg McEvoy 

Producers: RJ Jewell and Nicholas Anzalotta-Kynoch

Google and its subsidiary, YouTube, recently entered into a record $170 million settlement with the Federal Trade Commission and the New York Attorney General over allegations that YouTube unlawfully collected children’s personal information. It is the largest settlement ever under COPPA, the Children’s Online Privacy Protection Act, which prevents companies from using child-directed online services to collect data on children under 13 without parental consent. Kristin Cohen, Assistant Director of Privacy and Identity Protection at the FTC, breaks down the YouTube settlement and talks about its impacts on the greater business community. Critics of the settlement have pointed out that $170 million is just two days of Alphabet, Inc., Google’s parent company’s, profits. Cohen discusses the FTC’s view of the deterrent effect of the settlement and offers takeaways for companies that are creating content. Cohen also discusses the FTC’s COPPA rule review and its priorities going forward. Listen and subscribe to Law X.0 from your mobile device:

Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

 Hosts: Dori Goldstein and Meg McEvoy Guest: Kristin Cohen, Assistant Director of Privacy and Identity Protection, Federal Trade Commission Producers: RJ Jewell and Nicholas Anzalotta-Kynoch

Maria T. Vullo, former superintendent of New York’s banking and insurance regulator, the New York Department of Financial Services, was responsible for drafting and implementing the state’s groundbreaking cybersecurity compliance regulation. The rule requires financial institutions to have cybersecurity compliance programs in place – with far-reaching implications for banks and institutions around the world.

 

Vullo weighs in on current federal efforts to strengthen Gramm-Leach-Bliley and has some advice for financial institutions and their counsel in an era of large-scale data breaches.

Listen and subscribe to Law X.0 from your mobile device:

Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

Hosts: Dori Goldstein and Meg McEvoy 

Guests: Maria T. Vullo, CEO of Vullo Advisory Services

Producer: RJ Jewell and Nicholas Anzalotta-Kynoch

The former president and founder of Institutional Shareholder Services, now one of the world’s largest investment advisory firms, discusses how companies like Wal-Mart can have a bigger impact on the environment than governments can. Minow, “corporate critic” and shareholder advocate, also highlights how executive compensation packages can be a harbinger for company performance and why Facebook’s corporate leadership structure is concerning. Minow also shares advice for corporate in-house counsel on shareholder relations and how to avoid a hostile takeover.

Listen and subscribe to Law X.0 from your mobile device:

Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify 

Hosts: Dori Goldstein and Meg McEvoy 

Guests: Nell Minow, vice chair of ValueEdge Advisors 

Producers: RJ Jewell and Nicholas Anzalotta-Kynoch

From the legal analyst team at Bloomberg Law, a new podcast exploring today’s challenging legal landscape.

For more information: https://pro.bloomberglaw.com/law-xo-podcast/