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Using Background Checks to Hire and Retain Employees
February 01, 2017
The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.
Make-Whole Mayhem
February 01, 2017
<i><b>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Recently, tempted by attractive interest rates, certain borrowers have sought to use the bankruptcy process to shield themselves from their obligations to pay make-whole premiums contemplated by their indenture documents. Although certain courts have allowed crafty borrowers to shed unwanted make-whole obligations through the bankruptcy process, other courts refuse to sanction such manipulation.
Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer
February 01, 2017
As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.
Building a Business Case for a Data Privacy Program
February 01, 2017
When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, I see an entirely new level of urgency.…
Do Your Employment Practices Violate Antitrust Law? They Might!
February 01, 2017
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.
The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>
February 01, 2017
Last month, the authors began a discussion of the legal consequences of the release of the so-called "Panama Papers," a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The authors conclude their analysis herein.
Building Your Medical Liability Risk Management Program<br><i><b><font size="-1">The Underwriter Relationship<br>Part Two of a Two-Part Article</font></b></i>
February 01, 2017
A medical professional's ability to procure insurance coverage — and on the best financial terms — depends largely on the discretion of an insurance underwriter — the insurer's gatekeeper. The underwriter is key to a health care provider's risk management program and financial protection.
Review Marketing Becomes Top Priority for 2017
February 01, 2017
For many CMOs, the top priority for 2017 will be review marketing. Many law firms are still coming to grips with the reality that client reviews about them are online everywhere. But now, a turning point has been reached so that they can no longer be ignored.
Can User Behavior Analytics Do a Better Job of Protecting Your Organization's Data?
February 01, 2017
IT security professionals will tell you that the bulk of spending on cybersecurity in large organizations in recent years has been toward perimeter tools like firewalls. And yet the relentless pace of major data breaches has shown no signs of letting up.
The 'Death Spiral' of Malls
February 01, 2017
It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.

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