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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- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.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 Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›