Features
Third-Party Cybersecurity Strategies Critical to Preparedness
This article examines the guidelines published by Board of Governors of the Federal Reserve System on managing outsourcing risk, along with the Office of the Comptroller of the Currency (OCC) 2013 OCC Bulletin 2013-29 and the supplemental Jan. 24, 2017, examination procedures, which are designed to help bank examiners tailor the examinations of national banks and federal savings associations determine the scope of the third-party risk management examination.
Features
Reflections on <b><I>Kokesh v. SEC</I></b>
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Features
Differing State Laws on Restrictive Covenants
<b><I>Employers, Beware!</I></b><p>The law on restrictive covenants varies significantly from state to state, and is governed by the common law, statutes, or a combination of both. Drafting an effective and enforceable restrictive covenant is essential to protecting your interests as an employer as well as the interests of the company as a whole.
Features
DLA Piper Isn't Alone — 40% of Law Firms Unaware of Breaches
A survey of 200 U.S. firms found that many law firms are unprepared for cyber attacks, and it's hurting their standing with clients.
Features
The Business Intelligence to Competitive Intelligence Continuum
Where law firm leaders' "gut judgement" was once sufficient, running the business well now requires solid intelligence (yes, Big Law is a business). Decisions must balance the demands of clients with those of the partnership. Law firms are awash in data, but harnessing it to support sound decision-making is a major challenge.
Features
Litigation Risk Mitigation Through the Use of Third-Party Litigation Funding
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. General counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Features
The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act
<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, as well as some recent cases of interest from the courts of Delaware, Michigan, and Texas.
Features
Patent Infringement
<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Features
Cybersecurity After WannaCry
Following the May 2017 WannaCry ransomware infiltration into over 10,000 organizations and individuals in over 150 countries, it is clear that businesses across industries have no choice but to spend time and resources digesting and culling through the cybersecurity information barrage.
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