Deciphering SEC Enforcement and Its Impact on e-Discovery
June 24, 2009
In October 2008, the Securities and Exchange Commission (SEC) for the first time made public its Enforcement Manual, the agency's internal reference guide for Enforcement Division staff in the investigation of potential violations of the federal securities laws. Law firms and corporations involved in matters before the SEC will find it a valuable resource to aid their understanding of SEC operations.
Insurance for Data Security Breaches And Consumer Privacy Claims
June 24, 2009
Every other day we read about some new data security breach or proposal to regulate the use of consumer's private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
IP's Impact on M&A and Corporate Values
June 24, 2009
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
Quarterly State Compliance Review
June 24, 2009
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that went into effect from May 1 through July 1. It also examines recent decisions of interest from the courts of Delaware, Texas, and Washington.
FCPA Compliance Now Essential for All Companies That Do Business Internationally
May 27, 2009
U.S. Department of Justice ("DOJ") officials have stated that enforcing the FCPA has become one of the DOJ's top priorities. Since mid-December, companies have paid more than $1.3 billion to settle FCPA charges. Multiple executives have also recently pleaded guilty to FCPA violations and are facing years in prison and/or millions in financial penalties.
Adult Internships
May 27, 2009
Some people are seeking unpaid internships to obtain on-the-job training in a new industry. While employers may welcome this new trend, it is important to be aware that there are federal regulations governing whether an intern must be paid in accordance with the wage and hour laws that apply to employees of your company. This article briefly examines the applicable test, and discusses some practical tips that may enhance the likelihood that your company's program will pass regulatory muster.
Labor and Employment
May 27, 2009
Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.