• Seven Myths About Dealing with Activist Investors — and the Realities

    December 01, 2016 |

    One of the oldest adages in any conflict situation is to know your enemy. This is certainly true for corporate managers and counsel whose companies become the target of an activist investor. One recurring difficulty is to distinguish between the myths that surround activist investing, and the realit

  • Dispute over Compulsory Arbitration Agreements in Employment Cases Widens

    December 01, 2016 |

    A battle is brewing over the legality of class action waivers and compulsory arbitration agreements in the employment context. Specifically, the question is whether arbitration agreements that preclude all forms of collective or class actions are unenforceable because they are illegal under the NLRA

  • Cybersecurity Whistleblowing

    December 01, 2016 |

    Murkier Than You May Think

    How can your breach turn into a securities law violation? The answer may be, "via whistleblower." More and more, corporate employees are reporting cybersecurity vulnerabilities to the SEC after not receiving satisfactory responses from managers about issue

  • Winning on The Road

    December 01, 2016 |

    A Recent Defense-Side Victory

    Facing the prospect of a trial in a supposedly unfavorable venue, many defendants will agree to settle to avoid an unknown but potentially expensive and reputation-harming verdict. We think there's a better way.

  • Navigating Ethics Minefields As In-House Counsel

    December 01, 2016 |

    When an attorney works as in-house counsel for a company for some time, it is neither unusual nor surprising that a type of cultural immersion develops whereby the attorneys comes to identify deeply with the organization that is both the employer and client. This identification, however, poses signi

  • Government Agencies Take Aim at Employment-Related Agreements

    November 01, 2016 |

    The SEC's and DOL's scrutiny of severance agreements follow earlier scrutiny by the Equal Employment Opportunity Commission (EEOC) and other government agencies. These developments provide an urgency for company counsel to bring their employment agreements and policies into compliance.

  • The New Anti-Bribery Compliance Standard

    November 01, 2016 |

    The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as "ISO 37001," in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year

  • Distressed Suppliers

    November 01, 2016 |

    Often, purchasers of goods are confronted with financially troubled suppliers and have to decide how best to deal with the supplier in question. There are many pitfalls that you need to avoid. With the complete arsenal of law and information, the customer should be in a position to maneuver through

  • The New FRCP Is Here to Stay

    November 01, 2016 |

    As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve n

  • When Is Employee Hacking a Crime?

    November 01, 2016 |

    Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking i