The Yates Memo, Corporate Cooperation and Attorney-Client Privilege
Last year, DOJ Deputy Attorney General Sally Q. Yates issued "Individual Accountability for Corporate Wrongdoing" (the "Yates Memo"). It announced the DOJ's corporate cooperation policy requiring disclosure of "all relevant facts about individual[s]" before the DOJ will consider awarding the company any credit for cooperation. Does this change corporate privilege?
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Turnkey Build-Outs
A tenant's ability to finance its leasehold improvements is an important negotiated term of a retail lease. In an arrangement often referred to as a "turnkey" build-out, the landlord delivers the keys for a completed premises to the tenant when the construction of both the base building and the tenant-specific improvements are complete.
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Employers, Watch Out
Since the passage of the Affordable Care Act (ACA) in 2010, employers have grappled with the law's web of rules and requirements. However, many employers are not as familiar with the Act's whistleblower protections ' an additional source of risk for the unwary.
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ACA-Related Retaliation Claims
This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the "Break Time for Nursing Mothers" law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.
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How Startups Can Protect Consumer Privacy and Enhance Cybersecurity
Many startup businesses collect and store vast amounts of personally identifiable information (PII) from consumers, but often fail to adequately protect the privacy of this consumer information. There could be many reasons for this, but it is likely the result of limited budgets and priorities.
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Tax Considerations and Issues Relating to Divorce
Divorce is a highly emotional activity. Nonetheless, finances play a big part of the process for many couples, and taxes impact financial decisions. Here are some tax issues that should be addressed in the course of a divorce.
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First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events
Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.
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8 Ways to Secure Your Law Firm in the Ubiquitous Cloud
The cloud will soon be as ubiquitous in legal as it is in other businesses. It's inevitable. As our reliance on the cloud grows, it's more important than ever for lawyers to understand how they connect to the cloud, the evolving risks that apply to them and what questions they need to ask to ensure confidentiality and privacy for their firms and their clients.
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Break Down the Silos and Lead Your Firm's Information Services From the Data
Law firms are metrics-driven organizations, and the need for accurate metrics and key performance indicators (KPIs) will only continue to increase as law firms answer the client's demands to re-tool service delivery and organizational structure. This need for metrics-driven analysis now extends to the firms' research services, a heretofore last bastion of resistance to technology and measurement.
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How to Use Mobility To Create Maximum Business Value for Legal Research
Today, everything seems mobile. Legal professionals have been slightly less hurried to embrace the wonders of mobility as a part of their work. Certainly, they use mobile devices and apps in their personal life just like everybody else, but because of tradition and habit, many have been hesitant to adopt these things as part of their working lives. However, this is changing ' and in some cases dramatically.
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›