Features
Senate Cybersecurity Bill Vote Stalled Again
Following months of debate, the U.S. Senate has delayed voting on the Cybersecurity Information Sharing Act, S. 754 (CISA), ahead of its summer recess. As part of an agreement reached on Aug. 5, the Act will be back on the Hill this month and will carry a number of new amendments when it resurfaces.
Columns & Departments
Case Notes
Analysis of a case in which a 'missing' $20 million is at issue in two lawyers' divorce.
Features
Analyzing Second Circuit's Ruling on Internships
This summer, the U.S. Court of Appeals for the Second Circuit decided <i>Glatt v. Fox Searchlight Pictures,</i> an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.
Telemedicine: Best Practices to Avoid Liability
Telemedicine is rapidly evolving, and with its evolution comes new potential pitfalls and risks. Practitioners in this area should keep abreast of state laws and regulations regarding telemedicine, as well as keep an eye out for developments in the federal landscape.
Columns & Departments
Bit Parts
Consumer Suit Over Beats Music App Sent to Arbitration<br>No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed<br>"Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge
Features
Director Compensation Subject to Entire Fairness Standard
The Delaware Court of Chancery recently denied the motion to dismiss filed by Citrix Systems, Inc. and its directors in a derivative suit brought by shareholders. In a challenge to the business judgment rule, the plaintiffs were allowed to proceed with their breach of fiduciary duty claim, and the court noted that the awards were subject to review under the "entire fairness" standard.
Features
<b<<i>In the Spotlight:</i></b> Cumulative CAM Caps
There is a knee-jerk reaction from many tenants to avoid cumulative CAM caps, but the rationale and policies behind them are reasonable, and both the parties should be able to satisfy their concerns with some variation of a cumulative CAM cap.
Features
Navigating Insurance Coverage Issues in Med Mal Litigation
In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.
Features
FATCA's Due Diligence Expansion
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.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 ›
