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Compliance Hotline
Small Firms to Get Another Internal Controls Extension
According to a published report in The Wall Street Journal (9/13/05), the SEC is expected to give small companies another year to comply with the internal-controls rule of Sarbanes Oxley. In March, the SEC, agreed to an initial 1-year delay for small businesses, and will now likely approve the second extension later this month according to the WSJ. If approved, companies with market capitalization of up to $75 million will have until July 2007 to comply with the rule.
Whistleblower Suits By In-House Counsel Not Barred By Privilege
The Fifth Circuit has ruled that employers cannot claim attorney-client privilege to exclude evidence from disclosure in whistleblower suits brought by in-house counsel. Willy v. Administrative Review Board, U.S. Department of Labor, No. 04-60347 (August 24).
The court stated that “[t]he case law amply demonstrates the narrower proposition that the attorney-client privilege only prohibits a party from simultaneously using confidential information as both a shield and a sword. Stated differently, the “shield and sword” analogy is conjunctive: it does not stand broadly for the proposition that an attorney may never use confidential information offensively … In other words, when a party entitled to claim the attorney-client privilege uses confidential information against his adversary (the sword), he implicitly waives its use protectively (the shield) under that privilege.”
Small Firms to Get Another Internal Controls Extension
According to a published report in The Wall Street Journal (9/13/05), the SEC is expected to give small companies another year to comply with the internal-controls rule of Sarbanes Oxley. In March, the SEC, agreed to an initial 1-year delay for small businesses, and will now likely approve the second extension later this month according to the WSJ. If approved, companies with market capitalization of up to $75 million will have until July 2007 to comply with the rule.
Whistleblower Suits By In-House Counsel Not Barred By Privilege
The Fifth Circuit has ruled that employers cannot claim attorney-client privilege to exclude evidence from disclosure in whistleblower suits brought by in-house counsel. Willy v. Administrative Review Board, U.S. Department of Labor, No. 04-60347 (August 24).
The court stated that “[t]he case law amply demonstrates the narrower proposition that the attorney-client privilege only prohibits a party from simultaneously using confidential information as both a shield and a sword. Stated differently, the “shield and sword” analogy is conjunctive: it does not stand broadly for the proposition that an attorney may never use confidential information offensively … In other words, when a party entitled to claim the attorney-client privilege uses confidential information against his adversary (the sword), he implicitly waives its use protectively (the shield) under that privilege.”
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.