Features

Effective Contract Management
<i><b>Three Goals</i></b><p>A recent report laid bare one of the most pressing problems of today's companies — and their GCs. Simply put, the report found that businesses of all types do a poor job of contract management.
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Insider Trading Liability for Liability Based on Tips from Family
When the Supreme Court last year agreed to hear the defendant's appeal in <i>United States v. Salman,</i> it raised expectations in some quarters that it might significantly change insider trading law by curtailing liability for trading on tips from family members. But when it issued its opinion in December, it disappointed those expectations by unanimously reaffirming liability for trading on family tips, even where the tipper receives no monetary gain.
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Rebound Year Forecast for 2017
It is expected that equipment and software investment for 2016 will ultimately close down 1.1%, including three consecutive quarters of declining growth. This trend is expected to reverse in the new year, however, as investment in equipment and software is expected to grow 3.0% in 2017, according to the Annual 2017 Equipment Leasing & Finance U.S. Economic Outlook released by the Equipment Leasing & Finance Foundation.
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Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.,</i> the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer.
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The Human Factor In Information Security
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
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Design Patent Damage Awards
<b><i>Rotten for Apple</b></i><p>On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
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General Counsel Pay Just Keeps Rising
Compensation for in-house counsel is up across the board, ranging from 3.7% to as much as 6% at some general counsel and expert counsel levels, according to recently released data from HBR Consulting's 2016 Law Department Survey.
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<b><i>Online Extra</b></i><br>Chinese Nationals Charged With Hacking Firms to Steal M&A Info
Three Chinese nationals face federal charges for allegedly hacking into two major U.S. law firms in a scheme to trade on information about imminent mergers and acquisitions.
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Non-Compete Clauses In California
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
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PODCAST: Is 'Little Data' More of a Concern than Big Data?
In the first of a series, Jason Thomas, Chief of Innovation for Thomson Reuters Special Services, discusses the difference between big data and "little…
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›