David Hirsch
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Articles by David Hirsch
Could Using Cheaper Chinese AI Lead to Costly Congressional Scrutiny?
U.S. companies using AI models developed by companies based in the People’s Republic of China, including DeepSeek, Moonshot AI or MiniMax, should be aware of potential congressional scrutiny in this Congress and the next.
SEC Proposes New Cryptocurrency Rules: Regulation Crypto Assets
On August 18, 2026, the United States Securities and Exchange Commission (“SEC”) proposed new rules and regulations, titled “Regulation Crypto Assets” (the “Proposal”), to create a clear and fit-for-purpose framework and tailored offering regime for certain investment contracts involving crypto assets (“covered investment contracts”).
Vaults Do Not Yield Protection From Regulation — But the Enforcement Record Could: Commissioner Peirce’s Crypto Vaults Statement and the SEC’s Dismissals
Key Takeaways — by Constituency Vault deployers and curators: The more you select investments or allocations, re-allocate assets, or hand-pick decision-makers, the stronger every one of the four frameworks becomes. Map your discretion honestly before you market. On-chain lending / protocol operators: Rate-setting, asset selection, LTV, and liquidation-threshold discretion are the Reves pressure points. Distribution and marketing (retail vs.
OFAC Details Sanctions Compliance Expectations for the Stablecoin Industry
The Office of Foreign Assets Control (“OFAC”) recently issued a proposed rule that will require the implementation and maintenance of a sanctions compliance program (“SCP”) for permitted payment stablecoin issuers (“PPSIs”).
OFAC Details Sanctions Compliance Expectations for the Stablecoin Industry
The Office of Foreign Assets Control (“OFAC”) recently issued a proposed rule that will require the implementation and maintenance of a sanctions compliance program (“SCP”) for permitted payment stablecoin issuers (“PPSIs”).
FinCEN Proposes Full CIP Regime for Stablecoins; Comment Period Open to Issuers
On June 18, 2026, the Financial Crimes Enforcement Network (FinCEN), with the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA), issued a joint proposed rule that would implement the Guiding and Establishing National Innovation for U.S. Stablecoins Act’s (GENIUS Act’s) requirement that permitted payment stablecoin issuers (PPSIs) maintain an...
Building in the open: How Dynatrace invests in open source to move the industry forward
At Dynatrace, we believe the future of observability and cloud-native operations is open. Not “open” as a slide-deck buzzword, but open as in showing up every day to write code, review PRs, chair working groups, and build tools the community can use, extend, and make their own. We’re proud to be an active contributor to the cloud-native ecosystem. We build in the open because we’ve seen firsthand that open collaboration produces better software for our customers, the community, and the industry.
The Great American AI Act: What It Means — and Doesn’t Mean — for Companies Using AI
On June 4, 2026, Representatives Jay Obernolte and Lori Trahan released a discussion draft of the Great American Artificial Intelligence Act (GAAIA). The proposal has generated significant attention, but many organizations may be overestimating its practical significance for their day-to-day operations. The bill is directed primarily at developers of “frontier” AI models, so for most companies using AI models in their daily operations, these requirements will not apply.
The Great American AI Act: What It Means — and Doesn’t Mean — for Companies Using AI
On June 4, 2026, Reps. Jay Obernolte and Lori Trahan released a discussion draft of the Great American Artificial Intelligence Act. The proposal has generated significant attention, but many organizations may be overestimating its practical significance for day-to-day operations. The bill is directed primarily at developers of “frontier” AI models, so its requirements will not apply. Nonetheless, the bill has sparked conversation.
B2B Agentic Payments: The Unglamorous Opportunity That Actually Matters
By Dana Malman Warren and David Hirsch Summary The consumer-agentic commerce story is exciting -- who doesn't love the idea of a commerce clone haggling on their behalf for the latest brand collab, and optimizing a custom closet upgrade that seamlessly refreshes their look without breaking the bank? With that said, the opportunity is hiding in plain sight, and read on to learn more about why we have conviction here.
White House Releases AI Legislative Recommendations—Congress Has the Blueprint, but Questions Remain
On March 20, 2026, the White House unveiled its National Policy Framework for Artificial Intelligence, providing a blueprint on legislative recommendations and urging Congress to act. It recommends that Congress create a unified federal standard to reduce the regulatory friction of competing state AI regimes, promote AI innovation, and develop an AI-ready workforce, while ensuring the protection of children, consumers, and intellectual property rights.
SEC's Morocoin Case Presents A Crypto Jurisdiction Dilemma
By David Hirsch ( February 25, 2026, 4:52 PM EST) -- Since the start of the current administration, the U.S. Securities and Exchange Commission has made clear through statements and actions that it takes a much more constrained view of its jurisdiction over the offer and sales of crypto-assets than prior administrations.[1] However, SEC leadership has also consistently maintained its commitment to bringing enforcement actions against what could be considered bread-and-butter crypto fraud....
When AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver | JD Supra
On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected. On February 17, 2026, Judge Rakoff issued a written opinion confirming the bench ruling and adding important analysis.
When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected | JD Supra
Executive Summary Independent, unsupervised use of generative AI to analyze legal exposure may not be privileged. A federal court held that a defendant’s AI prompts and outputs relating to a criminal investigation of his conduct were not protected after they were seized pursuant to a search warrant. Platform terms matter. If an AI provider reserves rights to retain, train on, or disclose user inputs, courts may find confidentiality—and therefore privilege—compromised.
SEC Staff Clarifies That Federal Securities Laws Apply to Tokenized Securities | JD Supra
SERC’ling Up is your resource for staying ahead in today’s fast-evolving financial landscape. This newsletter delivers perspectives on the latest enforcement trends, regulatory updates and high-stakes developments affecting broker-dealers, investment advisers, financial institutions and corporate clients.
Data Privacy Day 2026: What Changed on Jan. 1 — And What to Watch Next | JD Supra
Data Privacy Day offers a natural checkpoint to take stock of a fast‑moving legal landscape. As of January 1, 2026, several significant U.S. state privacy laws and regulatory updates are now live, with additional U.S. and global milestones queued up throughout 2026. Below we summarize important changes already in effect and highlight issues to monitor as the year unfolds.
Dose‐Dependent Effect of the Histamine 1 Receptor Antagonist Ebastine in Patients With Non‐Constipated Irritable Bowel Syndrome
Conflicts of Interest G.B. is an Editorial Board Member of Gut. A.J.B. received research funding from Sanofi/Regeneron, Uniquity, Aqilion, Laborie, and Dr. Falk Pharma and received speaker and/or consulting fees from AlfaSigma, Apogee, Uniquity, Laborie, BMS, Dr. Falk Pharma, Calypso Biotech, Eupraxia, Aqilion, Alimentiv, Sanofi/Regeneron, Uniquity, Reckitt, Domain, and AstraZeneca.
A Primer On NYDFS' 3rd-Party Cybersecurity Guidance
By Sign up now By Nathanael Williams, David Hirsch and Andrew Konia · On Oct. 21, the New York Department of Financial Services released comprehensive guidance for registrants regarding management of cybersecurity risks associated with third-party service providers, including cloud computing, file transfer systems,... To view the full article, register now.
A Primer On NYDFS' 3rd-Party Cybersecurity Guidance
By Nathanael Williams, David Hirsch and Andrew Konia ( December 2, 2025, 5:09 PM EST) -- On Oct. 21, the New York Department of Financial Services released comprehensive guidance for registrants regarding management of cybersecurity risks associated with third-party service providers, including cloud computing, file transfer systems, artificial intelligence and fintech solutions.[1]... Law360 is on it, so you are, too.
Senate Agriculture Unveils Digital Asset Market Framework: Key Takeaways for Issuers, Exchanges and Intermediaries | JD Supra
SERC’ling Up is your resource for staying ahead in today’s fast-evolving financial landscape. This newsletter delivers perspectives on the latest enforcement trends, regulatory updates and high-stakes developments affecting broker-dealers, investment advisers, financial institutions and corporate clients.
SEC Voluntarily Dismisses Landmark Enforcement Action Against SolarWinds and its CISO | JD Supra
On November 20, 2025, the Securities and Exchange Commission and defendants SolarWinds Corp. and Timothy G. Brown filed a joint stipulation to dismiss with prejudice the SEC’s civil enforcement action pending in the Southern District of New York. The SEC would dismiss all claims concerning the conduct alleged in the SEC’s Amended Complaint and includes broad waivers and releases by the defendants of any related claims against the SEC and its personnel.
NYDFS Issues Guidance on Third-Party Cybersecurity Risk Management: What Regulated Entities Need to Know | JD Supra
Overview On October 21, 2025, the New York State Department of Financial Services (NYDFS) released comprehensive guidance for registrants regarding management of cybersecurity risks associated with third-party service providers (TPSPs) including cloud computing, file transfer system, AI and fintech solutions.[1] As reliance on external vendors for critical technology services grows, so too do the cyber threats to operations and sensitive customer data.
Now Is The Time To Prep For SEC's New Data Breach Regs
By David Hirsch and Tara Bradley ( August 1, 2025, 11:05 AM EDT) -- In a May 14 speech, acting Director of the U.S. Securities and Exchange Commission's Division of Examinations Keith Cassidy reminded SEC registrants of the new requirements imposed by the amendments to Regulation S-P.[1] He noted that the dates for compliance are approaching and provided information about how the division intends to proceed in anticipation.... Law360 is on it, so you are, too.
Federal Banking Regulatory Agencies Issue Guidance on Crypto-Asset Safekeeping | JD Supra
The global crypto-asset market cap has increased from approximately $2.3 trillion on election day, November 5, 2024, to approximately $3.9 trillion today, some eight months later. That rise in demand has been accompanied by a dramatic change in how U.S. federal regulators approach crypto-assets. During the last administration, some financial institutions felt discouraged from offering crypto-asset products and services, which this administration emphatically reversed.
OCC Reaffirms that its National Bank Preemption Regulations are Lawful | JD Supra
On May 8, 2025, the Conference of State Bank Supervisors (“CSBS”) asked the Office of the Comptroller of the Currency (“OCC”) to comply with Executive Orders 14129 and 14267 by reversing its regulations governing national bank preemption.[1] Executive Order 14129 directed federal agencies to rescind unlawful regulations,[2] and Executive Order 14267 directed federal agencies to reduce anti-competitive regulatory barriers.[3] If the OCC had adopted the position advocated by the CSBS, it could...
What’s New in Digital Asset Policy?
On May 20, 2025, the Senate cleared procedural obstacles to consider the GENIUS Act on the Senate floor. Originally introduced on Feb. 4, by Senator Bill Hagerty, R-TN, along with Senate Banking Committee Chairman Tim Scott, R-SC, Kirsten Gillibrand, D-NY, and Cynthia Lummis, R-WY, the Guiding and Establishing National Innovation for U.S. Stablecoins of 2025 (GENIUS) Act would define and regulate payment stablecoins.
With Compliance Date for Reg S-P Amendments Looming, Is Your Firm Ready Yet? | JD Supra
Welcome to “SERC’ling Up,” your resource for staying ahead in today’s fast-evolving financial landscape. This newsletter delivers perspectives on the latest enforcement trends, regulatory updates and high-stakes developments affecting broker-dealers, investment advisers, financial institutions and corporate clients.
History, Morality, and the Reality of Gaza - Jewish Rhode Island
While I share many of Rabbi Rosenberg’s deep concerns (May 2025), they do not fully explain both the existential and moral dilemma we and our Israeli brethren face. But in an extreme existential situation, our tradition demands of us to choose life:"I call heaven and earth to witness against you today that I have set before you life and death, blessings and curses. Choose life so that you and your descendants may live.” (Deuteronomy 30:19) 1.
Banks May Provide Cryptocurrency Transaction and Custody Services, but OCC Has Yet to Provide Clear Compliance Requirements | JD Supra
On May 7, 2025, the Office of the Comptroller of the Currency (“OCC”) issued a follow up to its July 2020 Interpretative Letter 1170, which allowed national banks to provide cryptocurrency custody services to their customers.[1] The May 7 letter (Interpretive Letter 1184)[2] further clarified that banks can buy and sell cryptocurrency at the custody customer’s direction and outsource cryptocurrency custody and execution services.[3] But in contrast to the OCC’s clear confirmation that banks...
Stephen W. Murphy | WealthManagement.com
Home Author Team Stephen W. Murphy Stephen W. Murphy Mr. Murphy advises individual and institutional clients on complex estate plans, trust and estate administration, and the transfer and management of real estate and closely-held businesses. He received his J.D. and Ph.D. from the University of Virginia, where he was an editor of the Virginia Law Review and was inducted into the Order of the Coif.
David L. Hirsch
Discover how cutting-edge AI and data analytics are transforming advisor-client relationships.
The SEC's Cybersecurity Incident, Governance, And Management Reporting Requirements: What You Need To Know To Avoid Cyber And D&O Coverage Gaps
The SEC public company cyber disclosure rule raises issues that companies should consider in reviewing existing insurance coverage and in assessing overall risk. The SEC recently adopted a new cybersecurity disclosure related rule (the "SEC Cyber Disclosure Rule")1 in response to increasing risks associated with cyber incidents and a perceived need for investors to receive more fulsome corporate disclosures about cybersecurity risks, governance, and material incidents.
The SEC’s Cybersecurity Incident, Governance, and Management Reporting Requirements: What you Need to Know to Avoid Cyber and D&O Coverage Gaps | JD Supra
The SEC public company cyber disclosure rule raises issues that companies should consider in reviewing existing insurance coverage and in assessing overall risk. The SEC recently adopted a new cybersecurity disclosure related rule (the “SEC Cyber Disclosure Rule”)[1] in response to increasing risks associated with cyber incidents and a perceived need for investors to receive more fulsome corporate disclosures about cybersecurity risks, governance, and material incidents.
The SEC’s Cybersecurity Incident, Governance, and Management Reporting Requirements: What you Need to Know to Avoid Cyber and D&O Coverage Gaps
As public companies’ reliance on remote work, cloud computing and digital payments increases, so too does the cybersecurity risk. Recognizing this, the SEC finalized rules and regulations in September 2023 requiring new cybersecurity-related disclosures from public companies.
OPINION: Fear and denial – why we founded the London Centre for the Study of Contemporary Antisemitism - Jewish News
We set up the London Centre for the Study of Contemporary Antisemitism (LCSCA) because we were afraid. Antisemitism had been progressively spreading into academic disciplines in the social and human sciences, and it was becoming more and more acceptable and normal. This was an antisemitism that angrily denied being antisemitic, which was carried by people who thought they opposed racism and who were convinced they were the good guys.
SFN Dad to Dad 351 - Wayne Friedman of Louisville, KY Father of Three Including Reena, Host Of The Better Call Daddy Podcast
Our guests this week are father and daughter, Wayne Friedman of Louisville, KY and Reena Friedman Watts of Houston, TX. Wayne and his wife, Maureen, have been married for 45 years and are the proud parents of three daughters: Reena, Jessica and Stephanie, who between them have 13 children, Wayne and Maureen’s grandchildren. A unique factoid is that Jessica and Stephanie live and work in Israel. Wayne ran a successful multi-generation family owned business for decades before retiring.
Crypto.com's Suit Against SEC Could Hold Major Implications
By David Hirsch, Garen Marshall and Rhea Shahane ( October 28, 2024, 4:55 PM EDT) -- On Oct. 8, Crypto.com filed a civil complaint against the U.S. Securities and Exchange Commission and each of its commissioners in the U.S. District Court for the Eastern District of Texas seeking declaratory and injunctive relief.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Crypto.com's Suit Against SEC Could Hold Major Implications
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SFN Dad To Dad 333 - Mazi Keyghobadi of Houston, TX Father Of A Son With Duchenne Muscular Dystrophy & Founder of Hope For Luka
Our guest this week is Mazi Keyghobadi of Houston, TX, a father and outspoken advocate for those with disabilities. Mazi, who was born and raised in Iran, emigrated to the U.S. as a teenager with his parents and brothers in 2000. Mazi and his x-wife, Dunia, were married for nine years, before divorcing in 2021 and are the proud parents of son, Luka (7) who has Duchenne Muscular Dystrophy.
It's hard for some to hear, but reality doesn’t care if we deny its existence • New Hampshire Bulletin Original
Have you seen “The Purple Rose of Cairo”? It’s an old Woody Allen movie about another movie in which the characters realize they’re no longer bound by the script. “Then I don’t have to be a waiter,” shouts a waiter. “I can be a tap dancer,” whereupon he gleefully tosses a loaded tray of food aside and breaks into a spectacular dance routine. He’s free, unimpeded by reality. It’s the best moment in the movie, because who wouldn’t want that freedom?
How to Grow Supersweet Snap Peas
It’s always a great day when I pick the first snap peas. A lot of the harvest never makes it to the kitchen. Snap peas—which snap like green beans and look and grow just like regular shelling peas—have one delicious difference: The pods are as tender and sweet as the peas inside. I could say I grow snap peas because they yield more food per square foot than shelling peas. But that’s not it.
Treatment of non-constipated irritable bowel syndrome with the histamine 1 receptor antagonist ebastine: a randomised, double-blind, placebo-controlled trial
Abstract Objective We evaluated the histamine 1 receptor antagonist ebastine as a potential treatment for patients with non-constipated irritable bowel syndrome (IBS) in a randomised, placebo-controlled phase 2 study. Methods Non-constipated patients with IBS fulfilling the Rome III criteria were randomly assigned to 20 mg ebastine or placebo for 12 weeks. Subjects scored global relief of symptoms (GRS) and abdominal pain intensity (API).
Dad to Dad Podcast: Dad to Dad 258 - Ben Mattlin of Los Angeles, CA, Author & Disability Advocate Reflects On Life Over 60 Years With Spinal Muscular Atrophy on Apple Podcasts
Our guest this week is Ben Mattlin of Los Angeles, CA a disability advocate, an author, educator and writer. Ben was born in New York City in 1962 with Spinal Muscular Atrophy (SMA), a congenital muscle weakness. He attended the Walden School, Rudolf Steiner High School, and Harvard University, graduating cum laude. Ben and his wife, Mary, have been married for 34 years and are the proud parents of two adult daughters. Ben is a freelance writer and frequent contributor to Financial Advisor magazine.
Trade-ins in the tech sector - why they make perfect sense
24.04.2023 LISTEN As the world shifts away from disposable technology and towards sustainable, eco-friendly options, refurbished cell phones and laptops are increasingly becoming the go-to solution for consumers and businesses alike. Similarly, trading in used laptops and cell phones is becoming an ever more popular way for people to upgrade their devices with minimal expense and effort.
OPINION: Antisemitism on campus - universities may not learn, we must
Leeds University has paid damages to Danielle Greyman to settle her legal claim after she alleged that her third year Sociology essay had been failed unfairly because of antisemitism. Asked to write about a case study of the crimes and immorality of the powerful, she wrote an essay about Hamas and the UN in Gaza. The essay was failed because it did not blame Israel for the crimes and immorality of Hamas and the UN.
Trade-ins in the tech sector – why they make perfect sense - bbrief
David Hirsch | CEO | TechMarkit | mail me | As the world shifts away from disposable technology and towards sustainable, eco-friendly options, refurbished cell phones and laptops are increasingly becoming the go-to solution for consumers and businesses alike. Similarly, trading in used laptops and cell phones is becoming an ever more popular way for people to upgrade their devices with minimal expense and effort.
Making a tech purchase? Is trade-ins a viable option?
By David Hirsch As the world shifts away from disposable technology and towards sustainable, eco-friendly options, refurbished cell phones and laptops are increasingly becoming the go-to solution for consumers and businesses alike. Similarly, trading in used laptops and cell phones is becoming an ever more popular way for people to upgrade their devices with minimal expense and effort.
Lions Rugby company secure The Capital Hotels & Apartments Accommodation deal
Republish for Free Republish our articles for free, online or in print, under a Creative Commons license. The Lions Rugby Company is proud to welcome The Capital Hotel & Apartments as the official accommodation partner. The deal, which runs until 2025, sees the apartment hotel brand, who are the fastest-growing owner-managed luxury apartment and hotel room provider in South Africa, as the official accommodation partner to teams under the Johannesburg-based rugby franchise.
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