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August 01, 2017

While day-to-day maintenance tasks and insider risk protocols are important for long-term protection from different types of cybersecurity threats, it's important to acknowledge that no solution is 100% effective. No matter how much money a firm is currently investing in cybersecurity, the reality is that it only takes one wrong click for a breach to occur.

The New DOL Fiduciary Rule

August 01, 2017

<i.What Does It Mean to Me?While there are many items and complexities to the new rule, this article focuses on the basic premise of why the rule was developed and adopted and the effect on the retirement landscape and the players involved.

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision

August 01, 2017

OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.

Drug & Device News

August 01, 2017

In-depth analysis of three key rulings.

In the Courts

August 01, 2017

A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.

Will the Tronox Decision Help the New GM?

August 01, 2017

General Motors LLC — the New GM — is subject to a multitude of lawsuits stemming from its alleged wrongdoings and the alleged wrongdoings of its predecessor, General Motors Corp. — the Old GM. This article presents an in-depth analysis of the litigation.

Case Notes

August 01, 2017

Analysis of a case in which a prescribed drug allegedly contributed to a young man's death.

Patent Infringement

July 02, 2017

Supreme Court Turns Back ClockAlthough TC Heartland v. Kraft Foods 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.

The Effect of Safety Regulations on Product Defect Claims

July 02, 2017

This article addresses some considerations for counsel in offering or defending against evidence of safety regulations.

Managing Cyber Risks in Medical Practices

July 02, 2017

Part One of a Two-Part ArticleWe often associate cyber-risks with financial institutions, but while the financial sector certainly does deal with cyber-risks, it is by no means the only industry facing such woes. Health care providers are also vulnerable to cyber-liability risks.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Delaware Chancery Court Takes Fresh Look At Zone of Insolvency
Over a decade ago, a Delaware Chancery Court's footnote in Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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