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New York Law Journal

White-Collar Criminal Enforcement in the Era of Trump

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: White-collar criminal enforcement will continue to evolve in the year ahead, but some predictions can be made based on year one of the Trump administration. Federal law enforcement officials have enunciated a clear focus on non-white-collar crimes and, with numerous vacancies in the Justice Department, this shifting focus is likely to result in a decrease in white-collar investigations and prosecutions.
10 minute read

New York Law Journal

Interim and Emergency Measures in International Commercial Arbitration: Time to Say Goodbye to Irreparable Harm and Likelihood of Success on the Merits?

It is submitted that an applicant for interim or emergency relief should only be required to establish that immediate loss or damage will result if relief is not granted, that it has an arguable case on the merits and that the equities are balanced in its favor. “Irreparable harm” and “likelihood of success” should not be an arbitrator's guiding star.
10 minute read

Legaltech News

Doing Discovery in Japan? Ganbatte!

Recent amendments to the U.S. Federal Rules of Civil Procedure might affect how you conduct discovery in Japan.
7 minute read

New Jersey Law Journal

Diversity More Than Numbers Game, But Midsize Law Firms Must Play to Win

Creating a firm environment that truly prioritizes diversity means more than hitting a magic number or following an exact formula, attorneys at New Jersey midsize firms have said.
7 minute read

New York Law Journal

Access vs. Use: The CFAA in the Age of the DTSA

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: Once the only reliable statutory argument for federal-question jurisdiction in a trade secret dispute, the CFAA now acts as a complement to the DTSA by protecting sensitive information from a different perspective. This being said, several circuits are split on the scope of the protections afforded to employers under the CFAA, limiting the statute's effectiveness in certain jurisdictions.
10 minute read

New York Law Journal

New York's Outdated Tenure Laws

If the courts finally allow 'Wright v. New York' to move ahead, the plaintiffs have a strong chance to prevail—and to usher in legal changes that have already benefited students in other states.
8 minute read

New York Law Journal

Consideration of Post-Trial Events on Custody Appeals

Since there is no definitive “solution,” it is especially important to consider how systematic delay, the growth and natural development of the children and/or a post-trial change in circumstances can be used by the non-custodial parent to obtain reconsideration of a custody determination.
8 minute read

The Legal Intelligencer

Under Pressure, Midsize Law Firms Play Pac-Man With Smaller Shops

Midsize law firms have been absorbing their smaller counterparts at a fast pace, but the right approach can make all the difference.
5 minute read

The Recorder

Foreign Discovery Hurdles in California Courts

Foreign discovery in state court litigation is never easy. Depositions of non-party witnesses in other states can require a commission in another state. Depositions of non-party witnesses in other countries can require adherence to international discovery law.
6 minute read

Legaltech News

Using CAL and SAL: Matching Learning Strategies to Predictive Coding Use Cases

The ASU-Arkfeld eDiscovery and Digital Evidence Conference called for papers addressing the progress, challenges, and future of e-discovery, digital evidence and data analytics. Here's the winner.
6 minute read

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