Features
Reflections on <b><I>Kokesh v. SEC</I></b>
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>The <I>Kokesh</I> decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.
Features
Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA
A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.
Features
<i>Online Extra</i><br>Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy
The departure of eight members of the council could signal a strained relationship between the business sector and the government around cybersecurity policy.
Features
Selling the Value of Litigation Support
When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.
Features
Client Feedback and Recent GC Panel Insight
Discussion of a survey that highlights what the client is really thinking, and how law firms can effectively respond.
Features
The Trump Administration and Compliance
<b><I>What Can We Tell So Far?</I></b><p>How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
Features
'Standard' Terms Won't Be Read Into Dykstra Settlement With Ghost Writer
In a case brought against former baseball player Lenny Dykstra by a social media ghost writer, the U.S. District Court for the Southern District of New York has offered the additional lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement — even if one of the parties expects that additional "standard" provisions will be added to the agreement.
Features
Successor Liability and the Long-Lived Product
When is a successor company liable for the torts of its predecessor? The question can be a thorny one, and each state has its own take on the issue.
Features
Securing Your Information-Rich Employee Benefit Plans
This article examines the cyber threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
Features
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
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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 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 ›
- 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 ›
- China Finalizes New Regulations to Relax Personal Data Exports from ChinaNearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.Read More ›
- 10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public CompaniesBy readying your company's cybersecurity program now to comply with the SEC's cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company's cybersecurity program.Read More ›
