Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
- May 01, 2024Christopher D. Carusone
The rule will generally ban employers from entering, maintaining or attempting to enter a noncompete agreement with an employee, or conveying — absent a good-faith basis — that a worker is subject to a noncompete clause.
May 01, 2024Maydeen MerinoAttacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
May 01, 2024Erik ShermanThe increasing frequency of "bring your own device" policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
April 01, 2024Marjorie Peerce and Marguerite O'BrienBoth the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
April 01, 2024Marjorie Peerce and Marguerite O'BrienThe Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
April 01, 2024Cole CallihanThis article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
April 01, 2024Matthew J. Schenker and Joshua KopelowitzThe United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
April 01, 2024Rob MaierThe new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
April 01, 2024Karen Hoffman-Lent and Kenneth SchwartzIn Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
April 01, 2024Lawrence J. Kotler and Elisa Hyder










