Inside Insights

  • The Yates Memo: Friend or foe to compliance officers?

    Last month, newly appointed Deputy Attorney General (DAG) Sally Quillian Yates spoke at New York University (NYU) School of Law about the Department of Justice’s ongoing focus on individual prosecutions. A seasoned prosecutor with a number of high-profile white collar cases under her belt, DAG Yates reminded the room...

  • Cybersecurity trends: Why companies are involving law enforcement

    In the wake of cyber crimes, countless corporate victims have avoided contacting law enforcement, fearing negative reputational, regulatory, litigation, or operational consequences. Some business leaders vividly imagine dire scenarios involving federal agents swarming the company’s offices, shutting down operations, scrutinizing information security practices, and seizing information for a regulatory enforcement...

  • Legal termination for legal marijuana use: A legal trend?

    On June 15, 2015, the Colorado Supreme Court issued its opinion in the case of Coats v. Dish Network, 350 P.3d 849 (Colo. 2015). The Colorado Supreme Court’s opinion affirmed the Colorado Court of Appeals decision of April 25, 2013, which ruled that an employer can terminate an employee who...

  • The secure GC: Responding to FTC information requests

    Following the 3rd Circuit’s decision in FTC v. Wyndham Worldwide Corp., which held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity practices under the Federal Trade Commission Act, investigations by the agency are likely to accelerate. Those investigations will be accompanied by informal and formal requests by...

  • Knowing is half the battle: Auditing IP portfolios

    Before starting any IP audit, a company must develop a thoughtful plan that is updated regularly to match its specific business and objectives

  • Lessons from 'Deflategate': Drafting the right arbitrator picks

    Brady’s arbitration before Goodell illustrates a common struggle that extends beyond the woes of fantasy leagues, and highlights a key dilemma in the arbitration process: What can litigants do when they get pulled into an arbitration where the arbitrator, or members of an arbitration panel, are biased? Crafting an...

  • The family office: An alternative capital solution

    There are many circumstances that lead an owner to decide it is time to sell or bring a capital partner into the business. A retiring owner may not have a willing successor or the younger generation may want to grow the business but lack sufficient capital to take it to...

  • 15 tips for making Halloween more fun and less scary (legally speaking)!

    Halloween is supposed to be a joyful time – a time for trick-or-treating, fairs, and costume parties. Unfortunately, it is also a time of increased accidents, injuries, and lawsuits. Below are some suggestions to help everyone enjoy a Halloween that is happy and – hopefully – litigation free. ...

  • FCC discusses 'verbal consent'

    In a ruling that became public on July 10, 2015, the Federal Communications Commission (FCC) clarified that express consent under the Telephone Consumer Protections Act (TCPA) may be given verbally in certain circumstances.

  • The pitfalls of arbitrator qualification clauses

    Arbitration clauses are common in commercial agreements. One of the primary values of arbitration is the expertise and experience of arbitrators in resolving disputes in a particular industry. However, parties often underestimate the difficulties that arise in finding and agreeing upon an arbitrator who has the requisite qualifications.

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