Risk Management

How An Executive Becomes An Enforcement Target

Recent precedents and government investigations that implicate individual corporate executives, including a Fifth Circuit ruling that…

Judge Tosses Deception Suit vs Starbucks

Children, the judge said, figure out that if you get a drink without ice, you get more of the drink…

Retirement Plan Sponsors Getting Sued Over Too Much Choice

Over the last several decades, “choice” has taken its place alongside Mother and apple pie…

Corruption Reform In Mexico?

Following an aggressive grass roots campaign, Mexico has enacted major changes in its anti-corruption regime. The final legislation, set to […]

How An In-House Lawyer Prevailed After A Privilege Challenge

It took a “methodical, well-crafted affidavit” to do it, but an in-house lawyer after being challenged was able to convince […]

Practical Proportionality Through Science

The change to Rule 26(b) in the Federal Rules of Civil Procedure emphasizes proportionality in discovery by elevating existing language […]

Do In-House Legal Departments Abet Sexual Harassment?

“When you’re dealing with a high-level executive like Ailes, there’s a tendency to…

Why The 8th Circuit Threw Out A Whistleblower Claim

If you’re going to blow the whistle, you need to be sure there’s been a foul. Such was the message […]

$3M In Sanctions For E-Mail Deletion

In a Delaware antitrust case, a reminder that giving into the understandable impulse to…

Restrictions in Severance Agreement Draw SEC Fire

The SEC imposed sanctions along with a cease-and-desist order on a company that included what the SEC considered unlawfully restrictive […]

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