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Counsel Concerns
Malpractice Claims/File-Sharing Software<br>Malpractice Claims/Statute of Limitations
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Court Watch
CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete
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Buyer's Brokers and the Duty of Loyalty
What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in <i>Rivkin v. Century 21 Teran Realty LLC</i>, the Second Circuit certified the question to the New York Court of Appeals. <i>Rivkin</i> answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).
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Verdicts
Recent rulings of importance to you and your practice.
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Think Twice Before Reading Your Employees' Text Messages
A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In <i>Quon v. Arch Wireless Operating Co, Inc. et al.</i>, the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.
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Reducing White-Collar Sentences Through the Second Chance Act
An analysis of the Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), which provides opportunities for white-collar offenders to reduce the amount of time spent in prison.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
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- 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 ›
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- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›