Deciphering SEC Enforcement and Its Impact on e-Discovery
In October 2008, the Securities and Exchange Commission (SEC) for the first time made public its Enforcement Manual, the agency's internal reference guide for Enforcement Division staff in the investigation of potential violations of the federal securities laws. Law firms and corporations involved in matters before the SEC will find it a valuable resource to aid their understanding of SEC operations.
Insurance for Data Security Breaches And Consumer Privacy Claims
Every other day we read about some new data security breach or proposal to regulate the use of consumer's private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
IP's Impact on M&A and Corporate Values
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that went into effect from May 1 through July 1. It also examines recent decisions of interest from the courts of Delaware, Texas, and Washington.
Features
Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation
A look at recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of SOX. These rulings may provide insight into how Federal Courts will apply any broad powers granted by a looming round of legislation.
Features
Ex-Heller Employees Sue Former Partners
Former employees of Heller Ehrman sued at least 179 former partners in April, demanding they fork over $32 million for the largest group of creditors in the defunct firm's bankruptcy. This article discusses the suit.
Managing Stressed Employees in Difficult Economic Times
With an unemployment rate of 8.5% and an underemployment rate exceeding 14%, the workplace can be a very stressful environment. This article presents a discussion on how to manage these stressed employees.
Features
Law Firm Layoffs Trigger Need for Preventive Steps
Over the past several months, law firms have discharged both lawyers and staff in unprecedented numbers. Although it may be too early to assess whether these layoffs will result in significant legal fallout, law firms may make particularly attractive targets for lawsuits.
The Computer Fraud and Abuse Act and Former Employees
Laptops, thumb drives, data sticks, e-mails, and USB ports make it easy for employees to walk out of a company with valuable information, customer lists, and trade secrets. An employer's remedies are often limited.
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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 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
