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Corporate Counsel

So You Missed the GDPR Compliance Deadline. Now What?

To make the greatest progress at the fastest speed, companies not yet in compliance with the GDPR should assess the risk of compliance activities and prioritize the largest risk areas.
1 minute read

New York Law Journal

Two Recent Cases Illustrate Need to Rely on Causal Concepts in FCA Cases

In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Annie E. Railton write: In 2010, Congress amended the anti-kickback statute (AKS) to confirm that claims “resulting from” illegal kickbacks are false and thus actionable under the federal False Claims Act (FCA).
1 minute read

The Legal Intelligencer

Ethics Forum: Questions and Answers on Professional Responsibility

I have seen some of your past articles about the unauthorized practice of law, law-related activity, corporate counsel not licensed in Pennsylvania, etc. What is the bottom line?
1 minute read

New York Law Journal

Court Affirms Effectiveness of Shareholder Consent Requirement for Bankruptcy Filing

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.
1 minute read

Law.com

Want a Stronger Core, Counselor? Do These 3 Exercises.

Take a break from crunches and situps and “resist” your way to a fit middle.
1 minute read

New York Law Journal

Texting Liability Hits the High Seas and So Far, It's a Rough Voyage

In his Admiralty column, James E. Mercante writes: Recent marine casualties demonstrate that operators of watercraft can be lured into inattention as readily as their landlubbing counterparts.
1 minute read

Corporate Counsel

Reducing the Legal Challenges of Employing Independent Contractors

Since businesses first classify workers and are then second-guessed by government agencies as to their accuracy, executives should consider adopting the most frequently used government system as their own basis for classification. This system is known as the ABC Test.
5 minute read

Law.com

Top Experts Explore Visa Options for Foreign Entrepreneurs

In this roundtable, our panel of experts (Susan J. Cohen, Niko Bonatsos, Jeff Clavier, Sascha Eder and Jeff Farrah) share their insight about the limitations of common work visa options foreign entrepreneurs are forced to consider (H-1B, E-2, and F-1 visas) and the merits of the International Entrepreneur Parole Program — a program that the Trump Administration has proposed to remove.
3 minute read

New York Law Journal

Substantive Reasonableness Review Finally Getting Teeth in the Second Circuit

The main doctrinal source of the modern federal sentencing regime is United States v. Booker, 543 U.S. 220 (2005). The U.S. Supreme Court in Booker famously ruled that the U.S. Sentencing Guidelines, which had been binding, must be advisory to be constitutional.
2 minute read

New York Law Journal

AT&T-Time Warner and a Rare Judicial Perspective on Vertical Mergers

A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.
1 minute read

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