On April 18, 2022, the government released its annual report on federal suspension and debarment activities for FY 2020. The report is published by the Interagency Suspension and Debarment Committee (“ISDC”) to fulfill its obligation annually to update Congress on the status of the government’s suspension and debarment program across all executive agencies. While the
Fourth Circuit Holds Statements About Importance of Data Security Not Actionable
The Fourth Circuit’s opinion last week in In re Marriott International, Inc., — F.4th —-, No. 21-1802 (4th Cir. Apr. 21, 2022), could prove useful to companies facing data breach class actions. Following a data breach of the Starwood guest reservation system, Marriott investors brought securities claims alleging that the purported failure to disclose
Infrastructure Update: OMB Issues New Buy America Guidance for Federal Infrastructure Projects
On April 18, 2022, the Office of Management and Budget (“OMB”) published a memorandum entitled “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (“OMB Guidance”). OMB M-22-11. The OMB Guidance supplements the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act (“IIJA”),
NTIA Seeks Comment on Competition in the Mobile App Marketplace
On Friday, April 22, 2022, the National Telecommunications and Information Administration (NTIA), which is part of the Department of Commerce, issued a request for comment (RFC) on the state of competition in the mobile app marketplace. According to the RFC, the record developed will be used to inform the Biden Administration’s competition agenda, including a
European Parliament and Council Strike Deal on DSA and DMA
On April 23, 2022, the European Parliament and Council of the EU announced that they reached a provisional political agreement on the Digital Services Act (“DSA”) during their final trilogue meeting. The news comes roughly one month after the provisional political agreement on the Digital Markets Act (“DMA”).
Both acts are part of the European
International Cybersecurity Authorities Issue Joint Advisory on Russian Cyber Threats to Critical Infrastructure
On April 20, 2022, the cybersecurity authorities of the United States, Australia, Canada, New Zealand, and the United Kingdom—the so-called “Five Eye” governments—announced the publication of Alert AA22-110A, a Joint Cybersecurity Advisory (the “Advisory”) warning critical infrastructure organizations throughout the world that the Russian invasion of Ukraine could expose them “to increased malicious cyber
Colorado Attorney General Remarks on CPA Rulemaking
On April 12, at the International Association of Privacy Professionals’ global privacy conference, Colorado Attorney General Phil Weiser gave remarks on his office’s approach to the rulemaking and enforcement of the Colorado Privacy Act.
GAO Report Highlights Trends in Lobbying Disclosure Act Compliance and Enforcement
The 2021 report from the Government Accountability Office (“GAO”) offers new details on the landscape of Lobbying Disclosure Act (“LDA”) compliance and enforcement. The report is based on random audits of lobbyists’ filings and analysis of enforcement by the U.S. Attorney’s Office for the District of Columbia (“USAO”).
The report included several trends GAO identified
Lawsuit Takes Aim At Fintech’s Handling Of PPP Loan Forgiveness Applications
A recent lawsuit seeks to hold a fintech company liable for failing to adequately service loans made as part of the Paycheck Protection Program (PPP), marking what may be the first putative class action lawsuit challenging the manner in which PPP lenders process loan forgiveness applications.
Ninth Circuit Clarifies When Online Arbitration Agreements are Unenforceable for Lack of Consent.
Companies that include arbitration agreements in online terms and conditions may want to take note of a recent Ninth Circuit opinion that refused to enforce an arbitration agreement on lack-of-consent grounds even though the arbitration agreement contained an opt-out provision.
In Berman v. Freedom Financial Network, LLC, the Ninth Circuit affirmed the district court’s refusal