Features
Cybercrime
Just when you thought that it could not get worse for companies in the context of cybersecurity and privacy issues ' it does. Below, we review the sobering news about cyberattacks and provide some tips when considering insurance for cyber risk.
Features
A Court Again Quashes 'Doctrinal Novelty' By Prosecutors
We've been down this road before: Congress enacts broad anti-fraud provisions and "creative" prosecutors invent crimes until told to stop. The effort to limit prosecution to clear misconduct continued last month when the Supreme Court held that the anti-shredding provision of the Sarbanes-Oxley Act does not criminalize the throwing of fish overboard.
Features
<b><i>Practice Tip:</i></b> Personal Injury Cases
Lawyers representing clients in personal injury claims face numerous ethical pitfalls every time they look for, evaluate, accept and handle a new case. Nonetheless, honesty, common sense and a solid understanding of the Rules of Professional Conduct should protect most from making mistakes.
Columns & Departments
Court Watch
Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer <br>Court Denies Franchisee's Motion to Vacate Attorneys' Fees Award
Features
Transitioning Associates from Worker Bees to Rainmakers
There comes a day when the partners of your law firm will tell their associates that they need to build their own clientele. If you are the associate, this is a chilling moment. And if you are a marketing professional, here is how you can help.
Features
Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?
Outside of U.S. bankruptcy usage, and for the vast majority of its life, the term "stalking horse" has referred to an artifice for predators. In some circumstances, a stalking horse bidder in a section 363 sale can more closely resemble the term's original meaning.
Features
The Abercrombie Religious Discrimination Case
Religious diversity in the United States is increasing, and so are charges of religious discrimination. From 1999 to 2008, the U.S. Equal Employment OpportunityCommission (EEOC) received an average of 2,447 charges of such discrimination each year. Between 2009 and 2013, however, the EEOC received more than 3,000 such charges per year. In 2011 alone, the agency adjudicated 4,151 charges of religious discrimination.
<b><i>Online Extra:</b></i> DOJ Releases Cybersecurity Best Practices
Dealing with cybersecurity in the United States is challenging for many reasons, but one of the most frequently cited pain points is the patchwork of laws governing the space. Depending on your corporation's industry, consumer base and location, your legal requirements following a significant breach can change dramatically. The Department of Justice (DOJ) is now stepping up to help, setting a list of best practices organizations should bear in mind if and when they are…
Features
<b><i>Online Extra:</b></i> Up to Senate to Vote on Cybersecurity Legislation
Following the recent approval by the House of Representatives of two controversial cybersecurity bills, it is now up to the Senate to move forward on its proposal, which would encourage the sharing of cyberthreat information.
Case Notes
Wal-Mart Hit with Two Overtime Suits Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart. The company had moved to dismiss both suits, which allege that assistant store managers weren't paid for their overtime hours, but a federal judge in Pittsburgh denied the motions and allowed the suits to proceed. …
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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›