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Truth, or Big Data Dare
October 13, 2016
With all of society's technological advancements, it is a bit shocking that there has only been ONE technology ever developed to sniff out lies. The polygraph, invented in 1921, has barely advanced since.
Joint Ventures and Strategic Partnerships After the Defend Trade Secrets Act of 2016
October 13, 2016
American companies, and foreign companies doing business in the United States, routinely collaborate with outside entities in mutually beneficial joint ventures and strategic partnerships. In that process, however, these companies can risk losing protection for their critical trade secrets to outsiders.
Quarterly State Compliance Review
October 13, 2016
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.
Five Tips for Buying Cyberinsurance
October 13, 2016
Massive cyberattacks and data breaches have become routine. The window of opportunity for obtaining insurance coverage for the resulting costs under "traditional" first-party or general liability policies is rapidly closing. Here's what you need to know.
Employee Benefit Plan Information
October 13, 2016
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.
The Internal Audit Function
October 13, 2016
Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?
Clarifying the Meaning of 'Stockholder'
October 13, 2016
In a decision with facts egregious enough to justify two references to the definition of "chutzpah," Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery provided helpful guidance on how to establish and refute "stockholder" status for purposes of bringing an action to inspect corporate books and records under 8 Del. C. Section 220.
Board of Editors
October 06, 2016
Accounting and Financial Planning for Law Firms Lawrence L. Bell Advisors, LLC, Kensington, MD Wayne Berkowitz Berdon LLP, New York James…
May a Judge Render a Scientific Opinion Without Expert Advice?
October 01, 2016
What if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a "severe undiagnosed and untreated mental illness."
The False Claims Act After <b><i>Escobar:</i></b> A Three-Part Test
October 01, 2016
In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobar</I>, 195 the Supreme Court provided a new framework for assessing false certification liability under the False Claims Act (FCA).

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