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To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
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Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
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he vast amount of cross-border investment in the U.S. securities market and the SEC's ever-evolving reporting structure compels foreign investor compliance teams and U.S. securities counsel to stay informed of potential reporting responsibilities and keep abreast of developments in the law.
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Many countries where American companies do business have an array of business practices and customs that might be frowned upon in this country, but whether they cross the sometimes-blurry lines of legality isn't always clear. The club enforcers wield is the Foreign Corrupt Practices Act.
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Until the U.S. Sentencing Commission closes the unchargeable conduct loophole — or until the U.S. Supreme Court intervenes — criminal defense practitioners would be wise to take prophylactic action to protect their clients during plea negotiations. Setting forth the permissible bounds of "relevant conduct" in plea agreements can help avoid 11th-hour surprises for the defense.
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The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
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Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.
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The Supreme Court held that expert testimony in a criminal case, as to whether "most people" similar to the defendant have a particular mental state, does not run afoul of the Federal Rule of Evidence's prohibition against expert opinion evidence about whether a criminal defendant had or lacked the mental state required for conviction. Particularly in white-collar cases, where the defendant's intent is often the central disputed issue, the implications of Diaz may be far-reaching.
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While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state.
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Regardless of whether the FTC's Final Rule ever becomes effective, that will not impact the growing number of state laws that regulate noncompetes and other types of restrictive covenants, meaning that the overall issue of restrictive covenant strategy and compliance remains alive for nearly all employers, even while the Final Rule is currently set aside.