Features
FCPA Anti-Bribery Liability for a Subsidiary's Conduct
The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.
Features
<b><i>BREAKING NEWS:</b></i> Supreme Court to Hear Historic Same-Sex Marriage Cases
Opening the door to a potentially historic step in the nation's gay rights movement, the U.S. Supreme Court on Nov. 7 agreed to decide two constitutional challenges involving same-sex marriage.
Features
Protecting Weak Online Trademarks
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
Features
An Analysis of Proposed Federal Cybersecurity Legislation
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Features
The JOBS Act and the Return of the Microcaps
In Part One, the author explored the JOBS Act's two new ways to raise capital ' crowdfunding and the Small Issues Exemption. Here, he look at the JOBS Act provisions aimed at making it easier for small companies to go public.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
Features
Corporate Internal Investigations
This is the last of a three-part series giving companies a step-by-step guide for planning and conducting sensitive internal investigations into potential wrongdoing.
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
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 ›
- 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 Roadmap of Litigation AnalyticsLitigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.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 ›
- Understanding the Potential Pitfalls Arising From Participation in Standards BodiesChances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.Read More ›
