Features
SEC Takes Aim at Political Contributions By Investment Advisers
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
Features
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."
Features
The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams
With the EU's General Data Protection Regulation (GDPR) set to take effect in May of 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.
Features
USPTO Continues to Demand Attorneys' Fees for District Court Appeals
Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.
Features
EEOC Updates Guidance on National Origin Discrimination
At the end of last year, the Equal Employment Opportunity Commission (EEOC) for the first time in 14 years updated its Guidance on national origin discrimination. The Guidance serves as a road map for employers on how the EEOC will investigate national origin discrimination charges. As a result, employers are wise to review the new Guidance to ensure that their anti-discrimination policies can withstand an EEOC investigation.
Features
Enhancing Lateral Partner Opportunities and Compensation
You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome?
Features
Cross-Border Litigation
<b><I>The Devil in the Details</I></b><p>Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.
Features
Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.
Features
Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security?
In this heady atmosphere, law firms risk succumbing to the temptation — indeed, the seeming necessity — to exploit to the hilt the Internet's huge upside — its massive growth and profit potential — while neglecting its huge downside: its immense threats to data security.
Features
<b><i>Leadership:</i></b> Why Are So Many Law Firm Videos So Bad?
Here are a few of the issues faced by many of the current batch of bad law firm videos--and how to solve them.
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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 ›
- 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 ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- 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 ›
