• Defending FCA Actions Related to Pandemic Programs

    May 22, 2020 |

    There will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.

  • Bankruptcy Asset Sales During COVID-19 Crisis

    May 01, 2020 |

    The COVID-19 pandemic is already leaving its mark on the bankruptcy asset sale landscape. Despite the uncertainty — or even because of it — bankruptcy should still be viewed as a useful tool to effectuate the acquisition of assets. The current situation and anticipated distress across many industries presents opportunities for purchasers to acquire assets on favorable terms.

  • A CCPA Private Right of Action on the Horizon

    May 01, 2020 |

    Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the CCPA This article provides an overview of how the CCPA addresses private rights of action, summarizes recent class action complaints that attempt to use CCPA violations as the basis for class-wide claims, and provides suggestions for prioritizing activity in CCPA compliance programs in this new litigation environment.

  • Client Development During the Pandemic   

    May 01, 2020 |

    The new normal under the plague has put pressure on law firms to simply operate, as well as thrive. However, law firms have a unique opportunity during the COVID-19 outbreak to capture new files and business. Now is the time to use a personal touch and double down on digital marketing.

  • Privacy and Compliance Services: Why the Market Is Rumbling Against the Big Four

    May 01, 2020 |

    With the advent of stringent privacy regulations in Europe and the United States, corporations are spending more time and money scrambling to ensure their privacy and compliance processes are able to withstand these high levels of scrutiny. At the same time, competition to provide these services is heating up as the Big Four professional services firms plant their stakes more broadly in this fertile ground.

  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery

    May 01, 2020 |

    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.

  • COVID-19: Threats Abound: How to Protect Your Remote Workforce

    May 01, 2020 |

    If there's an upside to this unsettling period, it's that the same cloud that irrevocably changed the way companies do business in recent years will now help them navigate through this pandemic. By enabling remote work in response to this crisis, companies will emerge nimbler, more technologically sound and more productive.

  • Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis

    May 01, 2020 |

    Storage and Hauling Companies Take Note Imagine that it's Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?

  • Adopting COVID-19 Cuts, Law Firms Balance Image and Economics

    May 01, 2020 |

    Firms Are Applying Communications Lessons from the Great Recession As They Deliver Bad News During the Coronavirus Pandemic. As firms echo their response to the COVID-19 crisis, they are also showing they learned from the experiences of a decade ago, including the negative effects of delivering cuts unevenly, clumsily or with unnecessary secrecy.