Features
Online e-Discovery Ethics
Although attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.
Features
Patchwork Paid Sick Leave Laws
When it comes to initiating employment legislation, we're living in a time when state and city lawmakers are the change agents. From adopting equal pay legislation to raising the minimum wage or instituting paid parental leave, inaction by the United States Congress has resulted in many states and cities taking matters into their own hands.
Features
Tax Reporting Laws Raise Privacy Claim Risks for Online Companies
States are scrambling to shore up sales tax revenues that are eroding because of e-commerce sales. A new approach to sales tax collections involves information reports on customers' online purchases. This approach may create potential legal claims against many online companies for giving too much information about customers to state tax agencies or even to the customers themselves.
Features
The New FCPA Cooperation Plan
On April 5, 2016, the DOJ issued an Enforcement and Guidance Plan concerning the FCPA. While the new Plan could be interpreted as a novel departure from past precedent, careful analysis reveals that it does little to alter or clarify how the DOJ will review cases or reward companies for significant cooperation in addressing anti-corruption global issues.
Features
How to Understand and Protect the Data in Your Enterprise
Especially in a time where cybersecurity remains in the headlines on a regular basis, it's crucial to understand what data exists in order to protect it. Where's your data? What if you lost track of some of it? What if attackers copied it?
Features
EU-U.S. Privacy Shield Finalized
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that an agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
Features
Six Keys to a Successful Law Firm Merger
Over the past two years I have been involved in three merger situations and I am currently working on two more. I have come away with six factors that, I believe, determine the success or failure of law firm merger discussions.
Columns & Departments
<b><i>Legal Tech:</b></i> Modernizing Litigation Practice: What Can the U.S. Learn from Electronic Courtrooms and Paperless Trials Abroad?
Legal professionals interested in the next wave of innovation in litigation technology can look overseas to the developments over the last several years in the UK and Singapore.
Features
New Regulations Affect '457 Plans for Non Profits
The announcement on June 21, 2016 by the Department of the Treasury provides further bright line tests for benefits provided by non-profits for their executives and professionals.
Features
Intellectual Property Rights in the UK After Brexit
While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom's historic vote to leave the European Union will affect the future. Intellectual property owners have a variety of mechanisms available for the protection of their patents, designs and trademarks, and Brexit has different significance depending upon how intellectual property protection in the UK was obtained.
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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 ›