Compliance

The Decision That Has Shaped Privilege Law For 40 Years

This is the fortieth anniversary of the Supreme Court decision that “forever redefined the corporate attorney–client privilege,” writes Todd Presnell in his Presnell on Privileges…

Law Firm Must Give Feds Names Of Tax Clients

The Fifth Circuit Court of Appeals has declined a request for an en banc hearing in a case where an earlier panel ruling requires a…

Top FCPA Enforcement Stories For 2020

It was a rotten year all around, but there were still some awards to hand out, including Richard Cassin’s picks for the Good, the Bad,…

The Flashpoint Called Section 230

There are both Republicans and Democrats who say they want to eviscerate it, but they have their eye on different provisions. Section 230 of the…

Scalia’s Trinity

In his review of a recent anthology of writings by the late Justice Antonin Scalia, Harvard Law professor and Bloomberg columnist Noah Feldman identifies three…

Proposed Legislation Addresses Website Accessibility Suits

In October 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a proposed Online Accessibility Act, intended to curb lawsuits that accuse consumer-facing websites…

Fox Backtracks Re “Election Fraud” After GC Gets A Demand Letter

False claims about the election from Lou Dobbs, “Judge Jeanine” and other Fox News Network personalities and their guests drew a demand letter from Benesch…

Internet “Terms-Of-Service” Will Get SCOTUS Review

The on-line contracts called terms-of-service are under scrutiny in a case now before the Supreme Court, with a decision likely early next year. Van Buren…

SEC Fines Company For Understating Covid Hit

The SEC has levied a $125,000 penalty against Cheesecake Factory Inc. for understating the effects of the COVID-19 pandemic on its business. Specifically, the company…

Antitrust In the Age of Aggregation

Aggregation Theory was developed by Ben Thompson, a business, technology, and media analyst. He posits that distribution was controlled by manufacturers until the internet, when…

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