Features
The One Shift That Will Improve Lawyers' BD Results and Make Life Easier
Business development needn't be complicated, difficult or distressing. However, for many lawyers, it's all of that. Much of the uncertainty and anxiety can be eliminated by a single shift in perspective.
Features
Virtual Snooping
The modern-day snoop is all too often someone you know. If this consideration doesn't leave you paranoid and looking over your shoulder, it should.
Features
Copyright Office Updates Takedown Notice Agent Registration
The Copyright Office has mandated a new procedure for how online service providers — including websites, hosting companies, mobile app publishers and other online services that permit user-generated content — must designate an agent to receive notifications of claimed infringement under the DMCA.
Features
Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Features
The Continuing Evolution of the False Claims Act
The number of lawsuits brought under the False Claims Act (FCA) continues to increase. In 2015 alone, relators filed over 600 qui tam complaints — and courts awarded over $3.5 billion — under the FCA.
Features
<i>Decision of Note</i><br>NY Apps. Court Says Pre-'72 Recordings Have No Public Performance Right
No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect Jan. 1, 2017.
Features
Presidential Cybersecurity Handoff
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Law Departments and Clients Face Budgetary Concerns in 2017
Law departments are not being asked to do more with less? Instead, they are being asked to do more with more (though sometimes their budget increases are not keeping up with their new responsibilities).
Features
Corporate Guilt and Individual Innocence in Financial Fraud
Comparing the success of the Department of Justice (DOJ) in extracting guilty pleas from companies for violations of the Foreign Corrupt Practices Act (FCPA) with the DOJ's notable trial failures in FCPA matters brought against individuals is particularly instructive when we are discussing individual versus corporate criminal accountability, as we did in the first part of this article.<br><i><b>Part Two of a Two-Part Article</b></i>
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- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Defending Your Career: Self Advocacy at Review TimeFirms have taken a hit due to COVID-19 and some will use this review cycle to pinpoint underperformers and reduce compensation. This is why it's even more important for you to make a case for yourself.Read More ›
