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  • The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.

    October 01, 2022Jonathan S. Feld and Lisa M. Burnett
  • Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.

    October 01, 2022Jeffrey A. Pade and Anand B. Patel
  • Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.

    October 01, 2022Sean C. Kulka
  • Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

    October 01, 2022Ben Schmidt and Nathan Curtis
  • This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

    October 01, 2022Evan T. Barr
  • The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

    October 01, 2022Isha Marathe