The New Anti-Bribery Compliance Standard
November 01, 2016
The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.
When Is Employee Hacking a Crime?
November 01, 2016
Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.
Quarterly State Compliance Review
October 13, 2016
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2016, including amendments to Delaware's corporation and LLC laws. It also looks at some recent cases of interest, including two decisions from the Delaware Chancery Court.
Five Tips for Buying Cyberinsurance
October 13, 2016
Massive cyberattacks and data breaches have become routine. The window of opportunity for obtaining insurance coverage for the resulting costs under "traditional" first-party or general liability policies is rapidly closing. Here's what you need to know.
Employee Benefit Plan Information
October 13, 2016
High-profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for when a data breach occurs, not if.
The Internal Audit Function
October 13, 2016
Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?
Clarifying the Meaning of 'Stockholder'
October 13, 2016
In a decision with facts egregious enough to justify two references to the definition of "chutzpah," Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery provided helpful guidance on how to establish and refute "stockholder" status for purposes of bringing an action to inspect corporate books and records under 8 Del. C. Section 220.
Board of Editors
October 06, 2016
Accounting and Financial Planning for Law Firms
Lawrence L. Bell
Advisors, LLC, Kensington, MD
Wayne Berkowitz
Berdon LLP, New York
James…
The New FLSA Overtime Rule
September 01, 2016
The DOL recently issued its final overtime rule revamping the white collar exemptions under the Fair Labor Standards Act for executive, administrative, professional, and highly compensated employees. This Final Rule, effective Dec. 1, 2016, rolls out major changes for employers, and the DOL estimates that 4.2 million workers will either become eligible for overtime or bring home bigger salaries.
Contracting with a FinTech Company
September 01, 2016
Your favorite internal client has just messaged you about a new contract that needs a rush review. The counterparty is reportedly one of the hottest new "FinTech" companies in Silicon Valley. You are the master of all things vendor contract-related in your shop, but perhaps this is the first FinTech contract to cross your desk. What to do?
