Attorney Work Product at Risk
October 26, 2009
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
The Ninth Circuit Decision in United States v. Stringer
September 29, 2009
The federal securities laws authorize the SEC to provide the DOJ with evidence of violations of the securities laws. Because the SEC often shares information with the DOJ and the agencies frequently institute parallel enforcement actions, counsel must be vigilant to avoid the potential pitfalls such parallel proceedings may have for their clients.
Text Messaging
September 29, 2009
In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.
Lawyers, Technology and Money
September 29, 2009
The authors says, "Many lawyers do not like the title of my latest book, 'The End of Lawyers?' And yet I am at pains to point out that my message is a mixed and not a negative one.
International Restrictions on Releasing Personal Information
September 29, 2009
The dilemma confronted by corporate counsel involved in foreign litigation is whether to disclose personal information located in foreign countries with laws that severely restrict the processing and transfer of personal data and risk being punished there with civil and/or criminal penalties; or to filter out the personal data and risk being sanctioned in the U.S. for incomplete responses to e-discovery requests.
Quarterly State Compliance Review
September 29, 2009
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Aug. 1 through Oct. 1, including amendments to Delaware's corporation and LLC laws. It also looks at two recent decisions of interest from the Delaware Chancery Court.
The Definition of 'Management-Level' Employee Under Title VII
September 29, 2009
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
Legal Holds: Get Them in Writing
August 25, 2009
In-house counsel and their outside counterparts routinely struggle with the problem of when and how to issue legal hold notices. When is litigation reasonably anticipated? Who should get the notice? Should the notice be tailored to the case or based on a rigid template? One question that should have a consistent answer is whether the notice should be in writing.
Another View: Recent SEC Proposals on Proxy Access
August 25, 2009
The ongoing recession has led lawmakers and the SEC alike to focus on limiting perceived excessive risk-taking and improving the accountability of boards of directors to shareholders. This focus has yielded a range of ideas, although none more controversial than the SEC's recently proposed rules to permit shareholders to include their director nominees in a company's proxy statement.
