The Case for the GC
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
Raising the Stakes
The government has become increasingly aggressive in pursuing criminal claims not only against corporations, but also against in-house counsel and compliance personnel, for conduct once treated almost exclusively as civil.
When Your Data Goes Viral
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.
Time to Define InsiderTrading
The average person probably believes it is illegal for a corporate insider to purchase or sell stock based on confidential information or provide the information to an outside trader. However, a bombshell ruling by an influential federal appeals court could make such conduct perfectly legal.
Data Security Breaches
In April 2014, the U.S. District Court for the District of New Jersey decided that the FTC could pursue a claim that a hotel company's failure to have adequate data security measures is an unfair trade practice. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information.
Your International Compliance Playbook
As companies expand, the regulatory burden can become onerous. And compliance and legal departments are being asked to do more with less, making well-designed compliance programs all the more critical.
In the Courts
In-depth analysis of a recent case in which the Second Circuit ruled that "Tipping" liability for insider trading requires knowledge of the tipper's benefit.
