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Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism. Headline announcements — such as GM’s 2035 target for manufacturing only electric vehicles and the U.S. government’s goal to replace its entire fleet with electric cars and trucks — do not tell the whole story.
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Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?
By David P. Saunders
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?
By Elkan Abramowitz and Jonathan S. Sack
This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.
By Robert J. Anello and Richard F. Albert
The Van Buren decision fits into a pattern of the court’s modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
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