Features
SEC Potentially Targets CCOs for Cybersecurity Lapses
Two recent speeches by Securities and Exchange Commission (SEC) officials likely got the attention of every Chief Compliance Officer (CCO). CCOs would be well advised to carefully review and implement where appropriate the SEC's latest cybersecurity guidance.
Features
Fifth Circuit Jettisons <i>Pro-Snax</i> 'Material Benefit' Standard for Bankruptcy Professional Compensation
The Fifth Circuit recently issued a ruling that changes compensation for professional services in bankruptcy: In <I>Pro-Snax</I>, the court had ruled that, to be compensable under section 330, services must result in "an identifiable, tangible, and material benefit to the bankruptcy estate." Now that has changes.
Features
Title Insurance: How to Obtain More Bang for Your Buck
How do you as an attorney obtain special or additional coverage for the particular fact situation of your transaction? There are two different methods: purchasing an endorsement to the policy and the second is by obtaining affirmative insurance.
Features
Cracking the FCPA Code: Interpreting Recent DOJ and SEC Enforcement and Messaging
Notwithstanding expectations of a shift in government enforcement priorities, after more than a decade, FCPA enforcement still shows no signs of slowing down. Indeed, the last two years each welcomed two new members to the list of 10 largest corporate enforcement matters: Total and Weatherford in 2013, and Alstom and Alcoa in 2014.
Columns & Departments
Development
A case involving the reinstatement of a taking claim.
Features
Hit It Out of the Park: Lessons Learned in Practice Group Management
This article reviews a methodology that has transformed our practice group leaders and our firm's approach to practice group management. What follows are some best practices and lessons learned from one midsize firm's year-long endeavor.
Features
<b><i>Business of Branding:</i></b> Seven Signs You Should Be Thinking About a Rebrand
Just because you want a new "look and feel" doesn't mean you should enter into a lengthy, complex and potentially expensive rebranding project. There are a number of "signs," though, that might indicate you should consider rebranding or at least refreshing your firm's brand.
Columns & Departments
Real Property Law
A look at two key cases.
Features
Ethnicity-Based 'Economic Loss' Testimony Unconstitutional
In a bombshell decision issued on July 30, Eastern District of New York U.S. Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case.
<b><i>Marketing Tech:</i></b> The Best Ways to Use Technology to Supplement, Rather Than Replace, Your Networking
Technology can sometimes get in the way. While our digital tools have changed our lives, making us more efficient, responsive, and productive, it can confuse our sensibilities.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›