Features
Joint Ventures and Strategic Partnerships After the Defend Trade Secrets Act of 2016
American companies, and foreign companies doing business in the United States, routinely collaborate with outside entities in mutually beneficial joint ventures and strategic partnerships. In that process, however, these companies can risk losing protection for their critical trade secrets to outsiders.
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 between Aug. 1 and Oct. 1, 2016, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Five Tips for Buying Cyberinsurance
Massive cyberattacks and data breaches have become routine. The window of opportunity for obtaining insurance coverage for the resulting costs under "traditional" first-party or general liability policies is rapidly closing. Here's what you need to know.
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Employee Benefit Plan Information
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.
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The Internal Audit Function
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?
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Clarifying the Meaning of 'Stockholder'
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.
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May a Judge Render a Scientific Opinion Without Expert Advice?
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."
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The False Claims Act After <b><i>Escobar:</i></b> A Three-Part Test
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).
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<b><i>Voice of the Client:</i></b> Not If, But When Your Fortune 500 Client Goes Out of Business
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
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.
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