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Corporate Governance

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  In-House Privilege “More Difficult” Says Fed Court

  A recent decision from a federal district court in Louisiana provides a “ short but instructive privilege opinion for in-house lawyers,” writes Todd Presnell in his Presnell on Privileges blog. Privilege is more difficult to apply in-house,...

  • Posted 2 years ago
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  Court Oks Privilege For Non-Attorney Emails

  A recent opinion from the Northern District of Illinois sided with defendant Experian, in a case where a plaintiff wanted to see email exchanges involving Experian non-attorney employees. The question in this matter devolved, in part, to...

  • Posted 2 years ago
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  If An Employee Claims Sexual Harassment, Whose Interest Does HR Represent?

  Revelations about film mogul Harvey Weinstein, and with it a growing awareness that sexual harassment may be deeply ingrained in the work culture of companies that have ignored or kept it under wraps, have led to questions...

  • Posted 2 years ago
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  Equifax Cyber Insurance Won’t Cover The Hit

  The expense of the breach could be “ multiples higher than the insurance payout” after the monumental hack...

  • Posted 2 years ago
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  Are Spoof Victims Covered By Computer Fraud Insurance?

  Spoofing, sometimes known as “payment instruction fraud,” typically involves a phony invoice or an instruction to wire funds to an offshore account. These schemes, although rare, have become increasingly sophisticated and have bilked victims out of millions....

  • Posted 2 years ago
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  No More Enrons: Why DOJ Doesn’t Prosecute Executives

  Many critics have assumed that after the financial crisis of 2008, despite overwhelming evidence of fraud, there was a conscious decision to back off on prosecuting executives – possibly because of the influence of Wall Street in the...

  • Posted 2 years ago
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  The New ISO Anti-Bribery Standard

  Ensuring compliance with the Foreign Corrupt Practices Act and similar laws from foreign jurisdictions (e.g. the UK’s Bribery Act) is not just a matter of doing right. It’s a line item, and one that can be especially...

  • Posted 2 years ago
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  Lawyer’s Presence Made Firing Deliberations Privileged

  The presence of an in-house lawyer on a company’s “Termination Review Committee” was enough to render the committee’s deliberations privileged, per a ruling in the Southern District of New York. A woman who had been fired from...

  • Posted 2 years ago
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  Uber’s CEO To Take Leave of Absence

  Travis Kalanick, the tempestuous chief executive of Uber, will take a leave of absence from the ride-sharing giant just as it adopts new policies to improve its workplace environment. Though Uber has been enmeshed in a public...

  • Posted 2 years ago
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  Sustainability Accounting Standards As The New GAAP

  A hundred years ago, basic corporate financials were considered nobody’s business but the company’s. It took the depression of the 1930s to begin seriously chipping away at that mindset. A milestone was reached in the 1970s when...

  • Posted 2 years ago
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