Law Firms and Cyber Security
Just as those responsible for the Titanic were lulled into a false sense of confidence in the vessel's impenetrability, many law firms today similarly steam along with a false sense of security that the cybercrime lurking in today's electronic channels of commerce does not pose a potentially critical threat. Taking a lesson from history, firms would be well-served by a blunt assessment of the cyber security risks that surround them and whether course corrections could avert a modern-day commercial disaster.
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In the Courts
Recent key rulings of interest to you and your practice.
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Domestic Commercial Bribery
While foreign bribery and corruption cases are currently getting most of the attention, this is no reason for domestic concerns to get too relaxed. Here's why.
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Clients in Cross-Border Investigations
This era of instantaneous cross-border communication and commerce has brought with it a corresponding increase in the application of the white-collar criminal laws of various countries to companies' international operations.
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Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining
The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers.
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Michelin Settles Tire Case
Two months after a federal judge in Atlanta sanctioned Michelin North America with a finding that one of its tires was defective and unreasonably dangerous, the company has settled with an Alabama man.
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Practice Tip: Daubert's 'Fit' Requirement
Three circuit courts provide an alternative to thw majority trend and hold that <i>Daubert's</i> "fit" requirement is not satisfied when the disconnect between an expert's data and opinions is too "wide."
The Mensing Preemption
The interplay between the Learned Intermediary Doctrine and the <i>Mensing</i> preemption should bar nearly any claim a plaintiff may assert against a generic manufacturer for failure-to-timely-update ...
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Navigating the Tricky Terrain of Remote and Self-Collections
Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of ESI remains a hot topic. Remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical.
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