Opinion

• Regulatory: A primer on the Consumer Financial Protection Bureau

  By Randy Johnson  |  February 8, 2012

  Aside from creating a lot of controversy, President Obama’s recess appointment of Richard Cordray as the first director of the Consumer Financial Protection Bureau (CFPB) left many people asking: What exactly is the CFPB and what does it do?

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  Regulatory: The advantages of alternative dispute resolution

  By Lisa Noller  |  February 8, 2012

  In the face of possible litigation, counsel’s decision whether to invoke an arbitration or mediation clause typically involves a complex consideration of cost, timing, fairness, contractual obligations, impact on the desired outcome, the ability to prevail against the other party, and reputational effects on business and consumers.

• Hydrofracking risk: Not just for energy companies anymore

  By Greg Hoffnagle  |  February 8, 2012

  As previously noted, hydrofracking carries business risk for many companies, even those without direct links to the energy industry.

• IP: 5 considerations when served with a post-grant review petition

  By Jeremy Kriegel  |  February 7, 2012

  The America Invents Act (AIA) creates an administrative post-grant review procedure to determine the validity of claims of recently-issued patents.

• Litigation: 2nd Circuit steps up to the plate on short-swing profits

  By Alex Romain  |  February 7, 2012

  Court’s ruling finds Section 16(b) of 1934 Act doesn’t provide short-swing exemption in issuer-solicited deal

• How to deal with data stuck in the cloud

  By Mark Diamond  |  February 6, 2012

  Companies are increasingly embracing cloud computing, storing their email, files and other electronic information in a cloud storage service provider’s data center accessible via the Internet.

• Labor: How to properly handle references for terminated employees

  By Jason Tremblay  |  February 6, 2012

  Handling references for former employees is becoming increasingly complicated.

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  Labor: Increased Litigation Under the ADAAA

  By Kathleen Furey McDonough  |  February 6, 2012

  In 2008, Congress enacted the Americans with Disabilities Act Amendments Act (ADAAA).

• Technology: Understanding the intersection of bankruptcy law and technology licensing

  By Mark Malven  |  February 3, 2012

  How to avoid bankruptcy surprises

• Technology: What Sun Tzu can teach us about e-discovery

  By Dave Walton  |  February 3, 2012

  Sun Tzu, an ancient Chinese philosopher, strategist and general, wrote “The Art of War” in the fifth or sixth century B.C.