Features
Five Steps to a Successful Social Media Strategy
Have you heard? 70% of the U.S. Internet population are using social media and more than 50% of them are over the age of 35 (that's right ' it's not just millennials). But did you know that in-house counsel are active social media participants? In fact, their usage is growing and today nearly two-thirds of general counsel are engaging at least weekly in social media for professional reasons.
Features
Online Discount Pricing Policies Face Increasing Scrutiny
Consumers, particularly online shoppers, are constantly looking for a discount. Given that "nobody pays retail anymore," online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices.
Features
International Cybersecurity Compliance Concerns
Social media has made even the most mundane and possibly personal pieces of data available to many with a press of a finger. Such an open relinquishment of private information is almost assumed, and has become part of the American culture. Those who think about how easy it is to access data understand how their own data has become part of the searchable cyberspace.
Features
What Do Law Firms Need to Know About Cloud Cybersecurity?
Here's the premise: The cloud is a fundamental technology solution option that truly solves all kinds of law firm business and legal IT challenges including innovation, security, governance, global availability, etc. Modern law firms want the efficiency, the security and the global access of the cloud, while satisfying the security demands of their clients.
Features
Fundamental Issues in U.S. Taxation of Foreign Entertainers and Athletes
Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.
Features
Valuable Information Security Lessons from <i>Olympus Mortgage vs. Guaranteed Rate</i>
Earlier this year, a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for its claims against Guaranteed Rate, which alleged Guaranteed ' along with other former employees of MOMC ' illegally transferred hundreds of loan files from MOMC's internal systems to Guaranteed. The award is notable for showcasing how important it is for a company to maintain control of its data security, both from external threats and employees.
Features
European Data Protection Supervisor Suggests Path After Parliament Dismisses Privacy Shield Draft
On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.
Features
Bonus Compensation Clawbacks
In an emerging trend, chief executive officers and chief financial officers of companies settling U.S. Securities and Exchange Commission (SEC) financial reporting cases are personally paying back bonuses and other incentive-based compensation, despite the absence of accusations of personal misconduct or formal SEC actions against them individually.
Features
DC Circuit Upholds FCC Net Neutrality Rules
A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.
Features
Audit Committee Reporting Obligations
Various regulatory authorities continue to focus on and expand the role and responsibility of the independent audit committee, including not only its oversight role, but also its disclosure requirements.
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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 ›
- 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 ›