Features
Compliance, Ethics and the Multi-generational Workforce
This article outlines two key tactics for effectively executing and nurturing a strong workplace compliance and ethics strategy. The first is fostering employee engagement. The second involves deploying the right technology tools to drive and support this.
Features
UK Serious Fraud Office Annual Report
As readers might be aware, a few years ago the UK introduced a new legal regime to tackle corruption under the UK Bribery Act 2010, with some describing it as the toughest anti-corruption legislation in the world. Here are some results of the Act.
Features
Google Accounts to Kids May Harm Their Privacy
Recently, multiple media outlets reported that Google plans to offer accounts for their wide array of services to children under 13 years of age. While the details regarding this alleged plan have not been publicized, it has already created a lot of concern with multiple privacy advocates.
Features
Loud and Clear: FinCEN Demands a Culture of Compliance
The onslaught of civil and criminal enforcement actions against financial institutions for violating anti-money laundering and counter-terrorist financing laws has continued its brisk pace in the past few months, with enforcement of the AML provisions of the Bank Secrecy Act and the sanctions regulations administered by the Office of Foreign Assets Control showing no signs of slowing down.
Features
Efficient Review In a Time-Sensitive Government Investigation
Over the past 10 years, government investigations have become increasingly sophisticated in analyzing electronically stored information (ESI). Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI. Respondents to Civil Investigative Demands (CIDs) must recognize that the information provided will be analyzed using these powerful tools.
Features
Cross-Border Cybercrime and the Cybersecurity Wars
The Home Depot data breach may be the largest in the U.S. yet, affecting not only millions of customers in the U.S., but also shoppers at its 180 stores in Canada. Home Depot said customers who shopped at its U.S. and Canadian stores as far back as April were exposed, meaning the breach extended for more than four months including the busy summer season.
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Collecting Social Security Numbers
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Features
<i>Jancik v. Redbox Automated Retail</i>
Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
Features
Online Consumer Privacy
Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.
Features
Time to Upgrade 28-Year-Old Electronic Privacy Law?
Apple Inc., Google Inc. and Microsoft Corp. are putting new pressure on Congress to update a 28-year-old law that governs how the federal government can obtain U.S. citizens' electronic data.
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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 ›
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