Untangling the Mystery of Cybersecurity Insurance
April 02, 2017
IT security professionals used to warn that only two types of businesses exist: those that have been hacked, and those that will be. Now, many are even more pessimistic, and divide the world's businesses into companies that know that they have been hacked, and those that don't. Law firms are juicy targets with all the personal identifiable information (PII) contained in client files. Intellectual property practices are especially attractive to cyber thieves because of the value of patent, trademark and trade secret information.
Liability Releases For Background Checks Are Unlawful
April 02, 2017
The federal Fair Credit Reporting Act (FCRA) requires employers to first inform applicants and employees about the intent to obtain and use a background check. But the FCRA does not provide employers with a template disclosure or any concrete guidance on what the disclosure should say. Rather, the law simply forbids employers from including anything beyond "solely the disclosure" and authorization in the form used to inform individuals about the employer's intent to obtain a background check.
Work Letter 'What Ifs'
April 02, 2017
<b><i>Part Two of a Two-Part Article</b></i><p>Landlords and tenants enter into agreements, known as "Work Letters," delineating their respective rights and obligations with regard to tenant and landlord improvements. As with any other portion of the lease, complications can develop, so addressing potential Work Letter issues within the contract can pay dividends down the road.
Med Mal News
April 02, 2017
Health Care Lawyers Most Worried About Electronic Information
Is Your Firm's Partner Comp Spread Too Narrow?
April 02, 2017
It is fast becoming an imperative for elite firms to widen the range of their partner compensation. Too narrow a range allows competitors with wider ranges to lure away the most commercially successful partners.
Litigation
April 02, 2017
Discussion of two recent rulings of interest.
Business Crimes Hotline
April 02, 2017
On March 3, Stanley Jonathan Fortenberry was sentenced to 78 months in prison for operating fraudulent investment companies and obstructing a Securities and Exchange Commission (SEC) investigation. Here's an analysis of the case.
SEC Takes Aim at Political Contributions by Investment Advisers
April 01, 2017
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
