Features
Finding the Right Outside Counsel for Your Company
<b><I>Smart Strategies</I></b><p>In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article presents some practical guidance to help corporate counsel achieve this goal.
Features
<b><i>Law Firm CI:</i></b> More Data, Less Action?
<b><I>How to Close the 'Knowing-Doing Gap'</I></b><p>While many lawyers have well-honed analytical capabilities, these capabilities are most frequently used to interpret law — <I>e.g.</I>, how a particular fact fits into the context of a precedent, statute or contract term — rather than to drive a business forward. Here are five tips to help solve the problem.
Features
Corporate FCPA Enforcement in the Era of Trump
<b><I>Same Old, Same Old</I></b><p><b><I>Part One of a Two-Part Article</I></b><p>Based on President Trump's remarks as a candidate, one might anticipate a marked drop-off in FCPA enforcement. Other evidence, however, convincingly suggests the trend of increased international cooperation and direction of enforcement resources in the FCPA arena is likely to continue.
Features
Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule
Secretary of Labor Alexander Acosta, who was confirmed by the Senate late last month, is a veteran government official who is set to hit the ground the running. What direction can labor and employment attorneys expect him to take the agency charged with enforcing many of the nation's workplace laws, and what are issues to watch in the early days?
Columns & Departments
Drug & Device News
Discussion of a case in which 64 people died and nearly 700 more were sickened in 2012 after receiving injections of steroids prepared at the New England Compounding Center in Framingham, MA.
Columns & Departments
BIT PARTS
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios
Features
In NY, New SEQRA Regulations Finally Appear on the Horizon
At last, it appears that the NYSDEC is on the verge of finalizing new SEQRA regulations. Here is a look at the final proposed regulations and what they will mean.
Features
A 'Loss' Under the CFAA Does Not Require Interruption of Service
<b><I>What Federal Appellate Courts Agree Upon with Regard to the CFAA</I></b><p>Under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which was originally enacted in 1984 to address "computer crime," the success of CFAA claims can sometimes ride on whether "authorization" connotes restrictions only on the access to information, and not restrictions on its use. This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
Columns & Departments
Development
A look at a case involving a billboard variance.
Features
Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme
In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
