Best Practices

News & Analysis as of

Cyber Update: Five Tips from the Front Lines of Practice to Limit Your Company’s Losses from a Breach

We help companies prepare for, respond to, and clean up data breaches and related events. We are lawyers, but in this role, we often look over the shoulders of cybersecurity technical experts, who are advising companies on...more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach  [Video]

In the wake of a cyber attack, it’s a common assumption that attorney-client privilege is ironclad. It’s not that simple. Partners Harriet Pearson and Michelle Kisloff examine the nuances and offer best practices. ...more

Is a Request for Religious Accommodation “Protected Activity” for a Title VII Retaliation Claim?

Seyfarth Synopsis: In a recent federal case the employer has challenged the EEOC Enforcement Guidance on Retaliation taking the position that a religious accommodation request does not meet the test for protected activity...more

Labor & Employment E-Note - March 2017

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v.Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more

Deep Dive Due Diligence: Part V – Level III Due Diligence as a Board Tool

Today, I conclude my exploration of Level III, deep dive due diligence, by discussing how a this should be considered as a best practices tool by a Board of Directors in a broader sense. I am joined in this exploration by...more

Your Cyber Minute: Lessons learned from the automotive sector  [Video]

The internet of things has presented new challenges across all industries. Hear partners Harriet Pearson and Tim Tobin discuss what others can learn from automotive in this sharing of best practices. ...more

Wire Transfer Fraud: A How-To Guide

Businesses are increasingly falling victim to wire fraud scams – sometimes referred to as “man-in-the-email” or “business email compromise” scams. Although there are multiple variants, a common situation involves an attacker...more

[Webinar] Best Patent Practices in a Transforming Environment | Part II: Evolving Strategies for Patent Enforcement and Licensing...

Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

Mitigate Consumer Litigation Risk by Watching the FTC: Five Good Reasons

2017 already has been, and surely will continue to be, a year of great change. Regulatory agencies are re-envisioning their mandates. Many have or soon will have new leadership. And advocacy groups for consumers are...more

Social Media Privacy Concerns: A How-To Guide

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

How Effective is Your Corporate Compliance Program?

On February 8, the Fraud Section of the United States Department of Justice (DOJ) posted on its website a document entitled “Evaluation of Compliance Programs” (the “Guidance”). This is the first formal guidance issued by the...more

Is your contract management letting you down?

When disputes arise on projects, the parties will turn to the terms of the contract in order to ascertain their contractual rights and obligations to assist them in resolving the dispute. Too often parties have relied on the...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

Physician Heal Thyself: California Sets Nation’s Highest Standard For Health Care Workplace Violence Prevention

The facts are distressing: according to federal Occupational Safety and Health Administration statistics, over half of all reported workplace violence incidents occurred against workers in healthcare and social assistance....more

ACCC Investigations: Be prepared in 2017

The start of a new calendar year marks a good opportunity for businesses to review their competition and consumer law compliance programs and identify key risk areas for the year ahead. The most recent annual report of the...more

New DOJ Evaluation – Valuable Document for the Compliance Practitioner: Part II

Yesterday I began a two-part series on the Department of Justice (DOJ’s) “Evaluation of Corporate Compliance Programs” (Evaluation) posted on the Fraud Section website late last week. The document is an 11-part list of...more

New DOJ Evaluation – Valuable Document for the Compliance Practitioner: Part I

I guess Matt Kelly cannot leave his journalist roots for it was he who broke the story within the greater compliance community that the Department of Justice (DOJ) very quietly released a document, entitled “Evaluation of...more

FTC Takes Another Look at Merger Remedies

On 3 February 2017, the U.S. Federal Trade Commission (FTC) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to 2012. Nearly two decades after it issued a similar...more

NTIA Highlights Promise and Policy Challenges of IoT, Seeks Additional Comments

On January 12, 2017, prior to the new administration taking power, the National Telecommunications and Information Administration (NTIA) within the Department of Commerce (Department) released a Green Paper on “Fostering the...more

The Patient Is Not Always Right: Discriminatory Staffing Requests Can Create Legal Exposure

Employer reports of bigoted or inappropriate comments made by customers to employees or other patrons have become increasingly common for employers in all industries. In the healthcare industry, this often takes the form of a...more

A guide to the FMA's view of conduct

With the transition to the Financial Markets Conduct Act 2013 (FMCA) now complete, the Financial Markets Authority (FMA) has shifted its focus to monitoring and supervising the conduct of financial service providers. As a...more

ISO’s Privacy Standard for Cloud Service Providers

In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline best practices for public...more

[Webinar] Best Patent Practices in a Transforming Environment | Part I: Evolving Strategies for Patent Procurement - Feb. 22nd,...

Today’s patent practice is rapidly transforming.  The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages.  Now more than ever, innovative companies need to adopt best practices to...more

Hosted satellite payload procurement: A brief how-to guide

In this article, we will extend our examination of the satellite procurement process to focus on the how-to of a specialized variation – procurement of a hosted payload. Many of the general elements applicable to procuring...more

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Cybersecurity

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