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Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs under D&O liability Policies

Bloomberg recently reported that Walmart spent $439 Million in the past two years related to a Foreign Corrupt Practices Act (“FCPA”) investigation . Moreover, Walmart predicts that it will spend an additional $200 Million to...more

Business Litigation Report -- July 2014

In This Issue: - Main Article: ..The Uniform Trade Secrets Act: Differences from the Common Law and from State to State - Noted With Interest: ..Enforceability of Settlement Terms in California...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Hedge Fund Hack Results in Trade Secret Loss, and Raises SEC Reporting Issues

Data breaches may be nothing new, but they are certainly evolving into bigger and more notorious infractions. While the data breaches of yesterday may have involved accidental disclosure or disgruntled former employees, the...more

FCPA Compliance and Ethics Report-Episode 72-interview with Michael Rasmussen [Video]

In this episode of the FCPA Compliance and Ethics Report, I interview Michael Rasmussen, the GRC Pundit. As the man who coined the phrase 'GRC' Michael is one of the country's top GRC experts. He talks about the recent OCEG...more

Corporate & Tax E-Note - June 26, 2014

In This Issue: - SBA Ups Size Standards, Allowing 8,400 Firms to Become Small Biz - Auditors Want to Limit Reporting of 'Critical Audit Matters' - House Approves Permanent Extension of Small Business Tax...more

US China Trade War - Trade, Solar, Customs, Patents, Banking, Antitrust and Securities

Dear Friends, there have been major developments in the trade, solar cells, tires, banking, US/Chinese antitrust, and securities areas. In addition to the trade area, the banking and China antitrust areas have had important...more

Bernstein Shur Business and Commercial Litigation Newsletter #40

We are pleased to present the 40th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we discuss fee shifting provisions in corporate bylaws, the settlement of high stakes smartphone...more

FCPA Compliance and Ethics Report-Episode 55-Interview with Luis Ramos, CEO of The Network [Video]

In this episode, I visit with Luis Ramos, CEO of The Network. He talks about the complete suite of products created by The Network to facilitate the compliance practitioner. ...more

US China Trade War Newsletter

Dear Friends, There have been major developments in the trade, solar cells, US/Chinese antitrust, and securities areas. REASON FOR THIS NEWSLETTER - Some readers have commented that this newsletter is...more

2014 Hot Topics - What to Watch for in the New Year

As we wave goodbye to 2013 and welcome in 2014, here are a few of the issues we are tracking that could have a material impact on your business....more

US China Trade War – Reagan Predicted It, Trade, Customs, 337/Patents, US China Antitrust, And Securities

There have been some major developments in the trade, Customs, patents, US/Chinese antitrust, and securities areas. In looking at the first posts I wrote on my blog, they were relatively short, but with the US litigation...more

Issues and Complexities: Evaluating an MLP at 4 Key Points in the IPO Process

Understanding what and when decisions need to be made can help companies ensure a smooth MLP IPO process. The number of master limited partnerships (MLPs) has grown significantly over the past five years, increasing...more

Marvel Prevails in Copyright Termination Case: Famous artist Jack Kirby found to have created his comic drawings as a “work made...

In what can fairly be interpreted as a favorable decision for any business whose success depends upon copyrighted intellectual property, on August 8, 2013, the Second Circuit Court of Appeals issued its decision in Marvel...more

SEC Changes Position on Use of Social Media for Company Announcements

The Securities and Exchange Commission (SEC) recently made headlines when it issued a press release announcing that it was OK to use social media to disseminate company news. Under the SEC’s new social media position,...more

BLG Monthly Update for January 2013

Pot-smoking teens, ownership of e-mail, insider trading on false info -- all this and more in the BLG Monthly Update for January 2013!...more

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more

BLG Monthly Update for November 2012

The colour purple, a tire fire, fake wine, the usual neat contracts cases: all this and more in the BLG Monthly Update for November....more

The FCPA Guidance: An Exploration of ‘Corruptly’ and ‘Willfully’

Today I wanted to begin to look at the Department of Justice (DOJ) “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guidance”), which was released last week and available (at no cost) here. Initially I...more

Global Innovation for Your Compliance Program

One of the areas where the best practices for Foreign Corrupt Practices Act (FCPA) compliance programs is evolving is in the area a less US centric approach and incorporating the diversity across the globe. Many companies are...more

What is Your Magic Number? Creation, Implementation and Administration of a Hotline

For the Astros, it is not this season’s ignominious record of 107 losses, which they achieved yesterday with a season ending loss to the Chicago Cubs, but the magic number of 186; which is the number of days until the...more

Russian Law Update -- August 2012

In This Issue: *Introduction *Reform of the Russian Civil Code: Changes in Legal Entities *Russia’s Accession to the WTO *Arbitration of Disputes in Russia: Recent Developments *Shareholders’ Agreements:...more

Legal Considerations for Proprietary Traders Participating in a Lift-Out

As a result of the Volcker Rule's restrictions on the proprietary trading activities of Wall Street’s biggest banks, many traders at such proprietary trading desks are departing for better opportunities at investment...more

Jesse Owens and Hanson Wade’s FCPA in the Supply Chain Conference

Next month, Hanson Wade is putting on a conference in Houston which may be worthy of such a record. It is the “Oil and Gas Supply Chain Compliance” conference and the list of speakers is simply stunning. It...more

Henry IV and Adequate Procedures

As a father, I have come to appreciate Shakespeare’s Henry IV more and more; particularly more than I did when I was only a son. Part of the play deals with how Henry IV got his crown, by deposing Richard II and the...more

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