Feature Articles

 
 
  • Protecting Electronic Devices at the Border

    New guidance allows Customs and Border Patrol officers to continue conducting warrantless basic searches of electronic devices. This policy directive, coupled with the administration’s Executive Order on Enhanced Vetting, significantly increased electronic device searches by CBP. In...

    • Posted 2 months ago
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  • Cross-Border Discovery and Witness Considerations in Germany and Japan

    Products are an inextricable component of life, but it is only when something goes wrong that an action is filed and the design and manufacturing comes under scrutiny. Often, key documents and witnesses connected to products in...

    • Posted 2 months ago
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  • Negotiated Resolution of Criminal Cases in France

    In December 2016, France adopted a new anti-corruption law known as Sapin II. France equipped its prosecutorial authorities with a new instrument, the convention judiciaire d’intérêt public (CJIP), directly inspired by U.S.-style deferred prosecution agreements. CJIPs suspend...

    • Posted 2 months ago
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  • Problems When Transactional Counsel Act as Trial Counsel

    When disputes arise involving a contract that your company’s law firm drafted, does it make sense to have that firm litigate the case? The answer is often no.  It is common for issues to arise after parties...

    • Posted 2 months ago
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  • Liability for Catastrophic Construction Failures

    Catastrophic construction failures such as the April 2019 collapse of a construction crane on a Seattle office building that killed four people generate headlines and stun the public. Such disasters are examples of construction projects that were...

    • Posted 2 months ago
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  • Litigation Analytics: An Advantage for In-House Counsel

    When a contract dispute arises, in-house attorneys are often tasked with deciding whether litigation is worth the time, cost and human resources to take on the case. Often this decision is based on a combination of experience,...

    • Posted 5 months ago
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  • Small Business Reorganization Act Is a Valuable Alternative

    The Small Business Reorganization Act (SBRA) of 2019 will become effective in February 2020. It is designed to foster successful restructurings of small businesses. Among other things, it adds a new Subchapter V to Chapter 11 of...

    • Posted 5 months ago
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  • Corporate Investigations: What a New Survey Tells Us

    In a recent survey of more than 315 corporate professionals conducted by H5 and Above the Law, 63 percent believe that investigations will increase at their companies over the next three years. The survey, conducted in July...

    • Posted 5 months ago
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  • Four Questions to Answer About New Privacy Regulations

    The United States is introducing new privacy laws that apply to businesses that collect and store consumer and employees’ personal data. The California Consumer Privacy Act, set to go into effect on January 1, 2020, essentially creates...

    • Posted 5 months ago
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  • Cyberwarfare Does Not Equal Cyberwar, But Can Still Be Devastating

    Many readers will remember the Stuxnet virus, which in 2010 infected computers in Iran and caused thousands of uranium enrichment centrifuges to spin out of control and self-destruct. The origin of Stuxnet has never been confirmed, but...

    • Posted 5 months ago
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