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Regulation

  • The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.

    November 01, 2016Chaim Levin
  • As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.

    November 01, 2016Bob Rohlf
  • The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.

    November 01, 2016Doreen Edelman
  • Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.

    November 01, 2016Richard Raysman and Peter Brown
  • SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…

    November 01, 2016ssalkin | Law Journal Newsletters
  • The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.

    October 20, 2016Elizabeth (Lisa) Vandesteeg
  • High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for when a data breach occurs, not if. Plan sponsors and fiduciaries should be aware of, and address, security and privacy issues in connection with personal information.

    October 14, 2016Marc Bussone
  • This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2016, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from the Delaware Chancery Court.

    October 13, 2016Sandra Feldman
  • Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

    October 01, 2016Thomas Harvey