• Tax Treatment of Fines and Penalties

    Examples of jaw-dropping fines and penalties for corporate wrongdoing abound in the recent press. They include reports that JPMorgan Chase has agreed to settle multiple actions for a record $13 billion. Rarely mentioned in these accounts is...

    • Posted 5 years ago
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  • Big Data, Big Dreams

    Most organizations are massive data factories. The amount of collected information is growing rapidly, with terabytes of data and metadata (data about the data) filling storage disks to capacity. Big data can be an organization’s best asset...

    • Posted 5 years ago
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  • A Case for Legal Process Outsourcing

    Legal process outsourcing received a big boost in 2006, when the Association of the Bar of the City of New York issued a formal Ethics Opinion providing guidelines on the use of offshore legal support services. It...

    • Posted 5 years ago
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  • Enhanced Consumer Law Enforcement: Class Actions Often Follow

    Newly empowered federal and state regulators, including the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the Department of Justice and state attorneys general, are embarking on unprecedented enforcement, investigatory and regulatory actions. Litigation often...

    • Posted 5 years ago
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  • When Antitrust Disputes Loom, Businesses Need to Make Savvy Arbitration Decisions

    Arbitration agreements are now commonplace in contracts, and so are global antitrust lawsuits, especially multi-party lawsuits alleging price-fixing cartels. The possibility of antitrust claims raises special concerns in drafting arbitration agreements. Because antitrust claims may encompass a...

    • Posted 6 years ago
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  • HBR Internal Legal Spend Survey: Post-Recession Increase Continues

    The 2013 HBR Law Department Survey found a three per cent increase in the total inside legal spend worldwide. Over the past five years, the change in total legal spending has fluctuated from a one per cent...

    • Posted 6 years ago
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  • Liability for DBE Violations Under the False Claims Act

    Contractors considering bidding for and performing contract work on state and local public work projects that are partially funded by the federal government are probably aware of possible contract requirements for utilization of Disadvantaged Business Enterprises (DBE)...

    • Posted 6 years ago
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  • 5 Things You May Not Know About Hart-Scott-Rodino, But Probably Should

    Deal lawyers generally know that the Hart-Scott-Rodino Act could apply to mergers and asset acquisitions. Many are surprised to learn that it can also apply to other types of transactions, such as certain intellectual property licensing agreements,...

    • Posted 6 years ago
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  • Get Used to Mobile-Device Discovery

    E-discovery of data stored on mobile devices has become part of the civil litigation process. Many organizations when faced with mobile e-discovery – about 40 percent of respondents to a survey from the author’s firm’s – hire...

    • Posted 6 years ago
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  • E-Discovery Cost Drivers

    The discovery phase can represent more than fifty percent of total litigation costs. These costs are driven up by the volume of a company’s electronic data, and also by the strategies that are implemented by in-house and...

    • Posted 6 years ago
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