The Roles of Stakeholders for Big Data and Privacy
Chief privacy officer, chief compliance officer, chief information security officer, chief legal officer (or general counsel) ' as organizations adjust and adapt to keep pace with changing technology, laws, regulations and cyber threats, these roles are developing and changing within organizations. But what duties and responsibilities fall within the job description of each of these stakeholders' positions, and how do these positions relate to each other?
Selling Municipal Securities via the Internet
Traditionally, municipalities depend upon property taxes to constitute the largest source of local governments' own revenue. Charges, sales and gross-receipt taxes, individual income taxes and other revenues make up the remaining local general revenues.Normally, municipal bonds can be purchased through an investment broker. However, municipalities may lawfully sell municipal bonds directly to the public via the Internet and potentially save money.
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Firms Recalculating Compensation Models
When it comes to attorney pay, origination has held a steady place at the top of many firms' list of compensation criteria. But could rainmaking be drying up in importance?
Can Using Facebook Be a Firing Offense?
You have likely read stories of employees being fired for poorly thought-out Facebook posts or controversial Tweets. Depending on your point of view, you may be sympathetic to the employer's desire to avoid being associated with offensive or controversial statements made by an opinionated worker ' or you may be appalled that an employer would concern itself with an employee's use of social media.
Emergence of State Initiatives Could Change Franchising
In the last two years, many state legislatures have considered new franchise laws. Few of these bills have been passed or enacted, but some of the bills represent the potential for significant changes in treatment of franchising as a unique business model and of the franchisor-franchisee relationship. At the very least, franchisors need to be more aware of state legislators' interest in franchising than in the past.
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<i>Case Study</i> Solomon Ward Cuts through the Noise with AccessData Technology
AccessData's interoperable e-discovery, mobile device discovery and forensic analysis applications collect from nearly any data source and cull case data for highly targeted review. This platform addresses all phases of the e-discovery life cycle and with these tools in place, we offer effective and expedient e-discovery services to our clients while passing the resultant cost savings on to them.
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The Evolution of Litigation Management Technology
For decades, litigation was typically associated with large paper files piled on conference tables and oversized boxes being wheeled into courtrooms. The closest thing to technology that many people ever connected to litigation was a Dictaphone used to narrate notes for transcription.
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Are You Blawging, or Flawging?
Lots of attorneys are being told that they need to start blogging (or "blawging", as many attorneys refer to it). From a marketing perspective, this advice makes a lot of sense. There's an old advertising adage, credited to David Ogilvy from the pre-"Mad Man" days of advertising, that when it comes to big-ticket purchases, "long copy sells."
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The Myths of Legal Hold Notification
Organizations face serious repercussions in the form of both costly sanctions and adverse inferences for inadequate or failed legal hold procedures. The most basic preservation task however, issuing legal hold notifications, seemingly remains a mystery to a surprising portion of corporate defendants. Too often, organizations, and their counsel, do not view the legal hold notification (LHN) process as a manageable business process.
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- 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 ›