Cross-Border Litigation
May 02, 2017
<b><I>The Devil in the Details</I></b><p>Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.
New Data Types in the App Age
May 02, 2017
While the threat of "big data" has cast a shadow over IT and legal departments for several years, the real challenge can often be the variety. The authors believe the real challenge is less about "big data" and more about "new data types" — that quickly defeat traditional collection and review tools and strategies.
The Scope of the Dodd-Frank's Whistleblower Protection
May 02, 2017
Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.
Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game?
April 02, 2017
In today's political climate, one of the hottest topics is the rising cost of healthcare and drugs. Following the last election, all industries should anticipate change, especially in healthcare. While much of the focus is currently on whether the Affordable Care Act will be repealed, one of the areas the government continues to scrutinize is costs.
Quarterly State Compliance Review
April 02, 2017
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.
Director Independence to Consider Pre-Suit Demand
April 02, 2017
In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.
User Behavior Analytics and Your Company's Data
April 02, 2017
While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders once they've hacked their way in.
The GDPR
April 02, 2017
<b><i>Considerations for Corporate Counsel and Discovery Teams</b></i><p>With the EU's General Data Protection Regulation (GDPR) set to take effect in May 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.
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.
