Features

Breaking Down DOJ’s New FCPA Enforcement Guidelines
On June 9, the DOJ released its Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act, ending a months-long pause on FCPA enforcement and outlining DOJ’s go-forward criteria for evaluating whether to bring FCPA actions. Here’s a breakdown of the key themes in the guidelines.
Features

The Rise of the In-Office Event: How Workplace Teams are supporting Events In 2025
The off-site is out and the on-site is in. As workplaces continue to push engagement through employee engagement events companies are turning inward — quite literally — hosting more events in the workplace than ever. This shift isn’t just logistical — it’s deeply strategic.
Features

The Rise of the In-Office Event: A Powerful Tool for Culture-Building, Retention and Engagement
The off-site is out and the on-site is in. As workplaces continue to push engagement through employee engagement events companies are turning inward — quite literally — hosting more events in the workplace than ever. The workplace has become the new off-sites, offering curated, purposeful moments of connection within a company’s own four walls.
Features

Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act
In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.
Features

10 Hidden Values In CRE Organizations and How to Exploit Them
There are many hidden and opaque tenets in management, business models, operations, and financial structures that have inherent value within a CRE company. Managers of CRE firms must know of or at least be cognizant of these values to exploit them and further enhance the worth of their real estate assets and business.
Features

Proposal Generation Is Failing Law Firms — and It’s Costing Them Work
Firms that continue to treat proposal generation as a formatting exercise will find themselves outpaced by competitors who understand its role in business development. The shift isn’t just technical — it’s cultural. It requires firms to prioritize enablement over improvisation, strategy over scrambling.
Features

‘Microtransactions’ Legal Issues In Online Video Games
Online video games are a big business. A significant component of the money made by those in the online gaming businesses derives from “microtransactions”: players spending real-world money on in-game features and items. Online gaming platforms engaging in microtransactions must be aware that doing so may expose them to traditional white-collar crime issues.
Features

Is Your Law Firm's Data Ready for AI?
As artificial intelligence continues its rapid march through the legal industry, law firms are facing a new kind of strategic imperative. No longer is the question whether to use AI — but rather how to do so responsibly, effectively, and competitively.
Columns & Departments

Real Property Law
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
Features

Third Circuit Sides With Magistrates On Bankruptcy Appeals
The Circuit split caused by MTE can and should be fixed by the Fifth and Seventh Circuits when the appropriate appeal reaches them. MTE reflects the more current analysis. It is unlikely that the Supreme Court will be able to resolve the split any time soon.
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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 ›
- 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'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 ›
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