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Regulation

  • The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.

    September 02, 2015Andrew E. Greenberg
  • In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.

    September 02, 2015Manuel Garcia-Linares and George L. Metcalfe, Jr.
  • Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"

    September 02, 2015William O'Brien
  • Online impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, People v. Golb, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.

    September 02, 2015Richard Raysman and Peter Brown
  • Early on in 2015, pundits were already predicting that the extent and number of data breaches from 2014 would severely pale in comparison to those that would occur in 2015. Inevitably, people across the country, victims, media, members of government, and even litigious-minded attorneys, are scrambling to determine what legal recourse exists to not only retroactively seek retribution, but also proactively enforce data security methods ' a task that is still at its nascent stages of development.

    September 02, 2015Stephen Treglia
  • A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.

    August 02, 2015Jacqueline C. Wolff and Arunabha Bhoumik
  • Information governance requires a firm-wide approach for managing and protecting client information. By taking a proactive approach and laying out the business case through the measurement of the return on investment of information governance, law firms realize significant savings, improve client service and minimize risk.

    August 02, 2015Nancy Beauchemin
  • Although seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.

    August 02, 2015Richard Raysman and Peter Brown
  • Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the "collect everything" mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption.

    August 02, 2015Brad Harris