e-Commerce Hits New Highs
As the general economy slowly recuperates, e-commerce retailing is healthier than ever, according to government estimates.
I've Been Sued ' And I Feel Fine, Because I Was <i>Prepared</i>
Going to court isn't just about winning ' it matters that you win at the least cost. You must, in the words of one client, try to avoid the "lawsuit hemorrhage" of fees and costs.
Conducting a Privacy Audit
A glance at the headlines reveals that data privacy breaches are increasingly common, and the consequences to corporations are increasingly dire. To avoid those consequences, any corporate entity that collects, uses or transfers personal information must take steps to ensure it is complying with legal requirements for maintaining data privacy.
Features
Increased Fraud Penalties Are on the Horizon
The guidelines governing the sentencing of fraud offenses ' long criticized as irrational, unduly severe, and the product of overt political pressure ' require wholesale reform.
To Disclose or Not to Disclose
Whether to self-report serious misconduct is a complicated question that requires investigating the facts and assessing legal, business and reputation implications. Following are critical issues to consider with outside counsel and other professional advisers before making a decision.
Features
<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Third Parties: The Achilles' Heel of FCPA Compliance
The alleged use of third-party intermediaries to pay bribes to foreign government officials soared from 42% of FCPA enforcement actions in 2005 to 100% in 2011. Nevertheless, some companies may not be adapting their FCPA compliance programs quickly enough.
Features
How to Gain and Exert More Influence in the 'New Normal'
Ways that a leader at any level can directly influence the climate for high performance and creativity/innovation in an organization.
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- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.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 ›