Features
<b><i>Online Extra:</b></i> Data Breaches on Track to Cost Companies $2.1 Trillion
As more corporate infrastructure moves online, new research suggests the rising number and impact of data breaches will cost $2.1 trillion globally by 2019, almost four times the estimated cost of breaches in 2015.
Columns & Departments
In the Courts
In-depth analysis of a case involving potential criminal liability under the AKS.
Columns & Departments
Business Crimes Hotline
A look at a key ruling of interest.
Features
Monitoring Employee Social Media Activity
Last year, the Pew Center released its demographic data on social media usage. The data revealed that ' regardless of age, race, sex, education or income ' nearly 75% of all adults in the United States who use the Internet use social media. The time is ripe to examine the pros, cons and pitfalls of monitoring employee social media postings from a legal perspective.
Columns & Departments
Upcoming Event
Entertainment Law in Review, 2014-2015
Columns & Departments
Cooperatives & Condominiums
Discussion of two recent rulings involving condominiums.
Features
Questions Every Leader Should Ask
Leaders in today's law firms are so caught up in managing their caseloads, achieving billable hour goals and putting out fires, they rarely stop to consider how well they are leading.
When Binding Loyalty Creates Loyalty Binds
Behavioral science research has found that children are best served when they have healthy, quality relationships with both parents. Children are poorly served when one parent interferes with the child's relationship with the other parent.
Features
Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged
A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.
Financial Services Lawyers Cheer Quicken Loans' Lawsuit
A legal challenge by Quicken Loans Inc. to the U.S. government's aggressive scrutiny of its FHA mortgage loans reflects widespread industry unease with government investigation of lenders, financial-services lawyers said.
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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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- 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 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 ›