SEC Takes Aim at Political Contributions By Investment Advisers
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."
EEOC Updates Guidance on National Origin Discrimination
At the end of last year, the Equal Employment Opportunity Commission (EEOC) for the first time in 14 years updated its Guidance on national origin discrimination. The Guidance serves as a road map for employers on how the EEOC will investigate national origin discrimination charges. As a result, employers are wise to review the new Guidance to ensure that their anti-discrimination policies can withstand an EEOC investigation.
Cross-Border Litigation
<b><I>The Devil in the Details</I></b><p>Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.
Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.
