What to Expect from the Next Era In White-Collar Enforcement
April 01, 2023
In February 2023, in a significant update to its corporate criminal enforcement policies and procedures, the DOJ announced a voluntary self-disclosure policy applicable in all U.S. Attorney's Offices nationwide. This article discusses the DOJ's recent pronouncements and recent cases with an eye toward identifying trends that companies should keep in mind when preparing for the next enforcement era.
Rule 10b-5 Liability: The Supreme Court and 'Janus'
April 01, 2023
Part One of a Three-Part Article
This three-part series discusses the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader and S.E.C v. Lorenzo. Janus is discussed here in the first installment.
Investing In Practice Management Can Pay Off for Partners, Talent and Clients
April 01, 2023
While the practice leaders, partners and lawyers in a practice know their clients best, they focus most of their time and energy on being legal experts. This is where practice, operations, and firm-level leadership need to provide focus, process and resources to help their legal experts deliver their unique value to clients.
The Role of Third-Party Releases In Successful Chapter 11 Reorganizations
April 01, 2023
Part One of a Two-Part Article
This two-part article will examine the role of third-party releases in successful Chapter 11 reorganizations. This part will address the factors considered in each Circuit where such releases have been deemed permissible within the confines of the Bankruptcy Code, evaluate several recent cases highlighting the uncertainty created by the current Circuit split, and consider options for creating a clear, nationwide standard.
Securities Litigation In 2023 Showing Continued Muscle Flexing from the SEC
April 01, 2023
Newer trends — such as environmental, social, and governance (ESG), cybersecurity-related disclosure violations, and cryptocurrency regulation — are likely to provide further fuel for securities litigation and enforcement.
Legal Industry 'Ripe for Disruption'
April 01, 2023
While the law firm model has historically rewarded inefficiencies, recent trends show that model is reaching its expiration date.
Hourly Billing in FTX Bankruptcy Already At Historically High Level
April 01, 2023
Attorneys and consultants involved in the FTX bankruptcy have asked the District of Delaware bankruptcy court to approve billed hours and expenses totaling just under $37 million for the first six weeks of Chapter 11 proceedings.
Yes, You Are My Data's Keeper
March 01, 2023
Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory
Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023
March 01, 2023
Part Two of a Two-Part Article
In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.
Legal Operations Success In 2023
March 01, 2023
Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change
During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.
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