The Yates Memo, Corporate Cooperation and Attorney-Client Privilege
Last year, DOJ Deputy Attorney General Sally Q. Yates issued "Individual Accountability for Corporate Wrongdoing" (the "Yates Memo"). It announced the DOJ's corporate cooperation policy requiring disclosure of "all relevant facts about individual[s]" before the DOJ will consider awarding the company any credit for cooperation. Does this change corporate privilege?
Turnkey Build-Outs
A tenant's ability to finance its leasehold improvements is an important negotiated term of a retail lease. In an arrangement often referred to as a "turnkey" build-out, the landlord delivers the keys for a completed premises to the tenant when the construction of both the base building and the tenant-specific improvements are complete.
Employers, Watch Out
Since the passage of the Affordable Care Act (ACA) in 2010, employers have grappled with the law's web of rules and requirements. However, many employers are not as familiar with the Act's whistleblower protections ' an additional source of risk for the unwary.
ACA-Related Retaliation Claims
This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the "Break Time for Nursing Mothers" law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.
Case Notes
Analysis of a GM trial in which "Similar Incident" evidence was permitted.
How Startups Can Protect Consumer Privacy and Enhance Cybersecurity
Many startup businesses collect and store vast amounts of personally identifiable information (PII) from consumers, but often fail to adequately protect the privacy of this consumer information. There could be many reasons for this, but it is likely the result of limited budgets and priorities.
Tax Considerations and Issues Relating to Divorce
Divorce is a highly emotional activity. Nonetheless, finances play a big part of the process for many couples, and taxes impact financial decisions. Here are some tax issues that should be addressed in the course of a divorce.
First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events
Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.
Extract Maximum Value from e-Discovery Service Providers
The unfortunate reality is that companies regularly involved in litigation can expect to pay service providers (a.k.a., "vendors") a substantial sum of money for e-discovery services. Estimates indicate that companies will spend nearly $10 billion annually on e-discovery in the coming years. Are companies getting their money's worth for these services? What can companies do to extract maximum value from their e-discovery service providers?
