febmar2017

Survey: How Law Departments are Working Smarter

The 2016 HBR Consulting survey found that worldwide corporate law department spending increased a modest one percent from the prior year. Behind this seemingly minor…

Regulatory Enforcement Post-Election

The Trump Administration will likely seek to scale back many forms of regulatory enforcement. However, President Trump campaigned on a law-and-order platform, and that makes…

Implications of the SEC’s Universal Proxy Card Rules

In October 2016, the SEC proposed amendments to the federal proxy rules that would require universal proxies in connection with a contested election of directors.…

The Four “Cs” of Drafting an Effective Arbitration Clause

Arbitration is not suited for every contract, dispute, or business. However, a comprehensive and well-drafted arbitration clause will allow the parties to reap the benefits…

Preparing the Expert Witness for Deposition

Most civil cases today involve the use of testifying experts to address both liability and damages issues. The presence of experts has become so pervasive…

Three Expert Lessons About Digital Threats

There is increasing need for organizations to strengthen security measures as part of their information governance plan. To do this, information security cannot be isolated…

Spymail Risk Often Ignored

Approximately 10 percent of non-spam business emails are spymail – email containing hidden tracking code that relays details about the recipient’s interactions with the email…

The FTC’s Strong Hand in Cyber-Privacy Cases

The authors briefly review the FTC’s enforcement authority against unfair or deceptive acts and practices, and examine pre-and post-settlement enforcement actions in the area of…

Five Common Misconceptions About Cybesecurity

The first misconception is that a breach is inevitable and there is little in-house counsel can do to prevent it. Formidable firewalls and security measures…

Get Ready for More Cyber Litigation

The Great Recession of 2007-2009 caused a precipitous drop in litigation, and legal spend for litigation dropped as well. That is about to change, as…

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