Features
Proxy Advisory Firms
For the past several years, I have been tasked with providing an update on proxy advisory firms, most notably ISS and Glass Lewis, and the evolving policy updates they issue on an annual basis.
Features
Transgender Employees' Access to Restrooms In the Workplace
Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee's access to restroom facilities while at work. The following provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.
Features
Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
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Ipro Suite Helps Houston Firm Increase Efficiency
Despite our firm's technological savvy, the burden of growing discovery volumes was challenging to manage. We were experiencing performance and workflow issues on all cases with over 150,000 documents, forcing us to send the larger cases to outside vendors, adding time and cost to every case. Our goal was to find a new in-house solution that could process and search vast amounts of data quickly and provide our attorneys with powerful analytic tools to use in early case assessment (ECA) and strategy development.
Features
Data Sharing in the Cloud
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
Features
The Difference in Due Diligence for Franchisors
In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?
Features
Structured Data e-Discovery
Courts are increasingly ordering counsel to identify and produce information beyond traditional e-mail and loose files. Whether its employee and payroll data related to a wage and hour dispute or trade data related to a market manipulation investigation, understanding the EDRM as it relates to increasingly larger volumes of structured data has never been a more critical e-discovery capability.
Features
The Art of Cyberwarfare
Cybersecurity is at a crossroads. No longer resigned to the confines of server rooms overseen by information technology, decisions regarding the protection of data have been forced into the boardroom by events that include breaches at main street businesses and revelations of clandestine government hacking activities.
Features
Programmer/Distributor Cable TV Bundle Deals In the Era of Digital Content Delivery Alternatives
As technological advancements force most of the entertainment industry to evolve or become extinct, the traditional cable TV bundle continues virtually intact. Yet, according to a 2014 Nielsen report, while the average U.S. television-watching home receives 189 channels, TV watchers consistently tune in to just 17. And a steady stream of customers has cut the cable cord altogether in favor of accessing content from alternative sources.
Features
A Six-Step Data Privacy Program Health Check
Data protection is the responsibility of every individual in the company, and the legal and IT departments should only be drafting contractual languages, policies, and guidelines while working in tandem with each other.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
