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Features

Employee Benefit Plan Information Image

Employee Benefit Plan Information

Marc Bussone

High-profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for when a data breach occurs, not if.

Features

The Internal Audit Function Image

The Internal Audit Function

William L. Floyd

Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?

Features

Clarifying the Meaning of 'Stockholder' Image

Clarifying the Meaning of 'Stockholder'

Jack Jacobs & S. Patrick Kelly

In a decision with facts egregious enough to justify two references to the definition of "chutzpah," Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery provided helpful guidance on how to establish and refute "stockholder" status for purposes of bringing an action to inspect corporate books and records under 8 Del. C. Section 220.

Features

May a Judge Render a Scientific Opinion Without Expert Advice? Image

May a Judge Render a Scientific Opinion Without Expert Advice?

Lynne Z. Gold-Bikin

What if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a "severe undiagnosed and untreated mental illness."

Features

The False Claims Act After <b><i>Escobar:</i></b> A Three-Part Test Image

The False Claims Act After <b><i>Escobar:</i></b> A Three-Part Test

Stanley A. Twardy, Jr. & Elizabeth A. Latif

In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobar</I>, 195 the Supreme Court provided a new framework for assessing false certification liability under the False Claims Act (FCA).

Features

<b><i>Voice of the Client:</i></b> Not If, But When Your Fortune 500 Client Goes Out of Business Image

<b><i>Voice of the Client:</i></b> Not If, But When Your Fortune 500 Client Goes Out of Business

Mike O'Horo

When lawyers and marketers think about losing clients, they think primarily of being displaced by another law firm or, these days, by technology, in-sourcing, or an alternative service provider ' or even having the relationship partner take the client with her to another firm. But what if that big client was no longer buying from anyone?

Bit Parts Image

Bit Parts

Stan Soocher

Marshall Tucker Band's Counsel Can Stay in Trademark Litigation<br>Ninth Circuit Sees No Access to Plaintiff's Song by Writers of Jessie J's Hit "Domino."<br>Sony Songwriting Contest Dispute Sent to Arbitration.

Features

Supreme Court Won't Block Senate Subpoena Targeting Backpage.com Image

Supreme Court Won't Block Senate Subpoena Targeting Backpage.com

Marcia Coyle

The U.S. Supreme Court on September 13 denied a request by Backpage.com's chief executive to block a congressional subpoena to produce business documents in a sex trafficking investigation.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

Analysis of a case involving a condemnee's claim of <I>de-facto</I> taking.

Features

Social Media Influencers and the FTC Image

Social Media Influencers and the FTC

Thomas Harvey

Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

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