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Duty to Warn and Third-Party Conduct: A Look at Two Recent New York Cases

November 01, 2016

In the past year, New York's highest court, the Court of Appeals, issued two decisions addressing both the scope of a defendant's duty to warn in negligence and products liability actions, and the scope of tort liability in actions predicated upon third-party conduct.

Managing Risk in Light of 'Shadow IT'

November 01, 2016

Information Governance in the Age of Cloud Application Proliferation

Law Firms, Meet Your New Regulator: Your Clients

November 01, 2016

While major banks, retailers, hospitals and insurance companies were the brick and mortar of a growing media monument to hubris and cyber overconfidence, law firm breaches went mostly unnoticed. That is, until government agencies and law enforcement grew concerned that the wealth of intellectual property curated by law firms could be used to manipulate financial markets by front running trades.

Client Document Security Audits: Is Your Law Firm Ready?

November 01, 2016

It is essential for all law firms to safeguard their clients' documents against ever-evolving threats and thoroughly understand the security challenges and potential solutions in today's demanding world of legal document compliance.

Looking to the FFIEC Revised Information Security Booklet for Best Practices in Data Security for Financial Institutions

November 01, 2016

The Federal Financial Institutions Examination Council (FFIEC) recently revised its Information Security Booklet. The changes bring the financial services industry closer to the goal of having a clearly defined set of cybersecurity and data protection protocols to ensure regulatory compliance.

Optional Safety Equipment

November 01, 2016

Part Two of a Two-Part ArticleIn last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.

Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding

November 01, 2016

Would Judge Peck's admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party's own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.

Movers & Shakers

November 01, 2016

Movers & Shakers Law firm Venable recently announced the addition of former AOL Inc. chief counsel, Charles D. Curran, as a partner in…

Introducing the Cybersecurity Reference Model

November 01, 2016

When EDRM and CSRM Collide, Much Is Illuminated About the Hiring Trends in Both e-Discovery and Cybersecurity

Protecting Counsel Privilege in a Post-Yates Memo World

November 01, 2016

Part One of a Two-Part ArticleWhile the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.

MOST POPULAR STORIES

The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Current Issues In Enforcing Judgments Against LLCs
When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.
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The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
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