FROM THE CURRENT ISSUE
Data Security
We're All on First: Coordinating Data Breach Response
The complex matrix of external risks and regulations has given rise to a proliferation of management positions with overlapping responsibility for responding to data beaches. Without a thoughtfully structured response framework, the key players in IT Security, Compliance, Privacy Security, Human Resources, Operations, and, of course, Legal, can end up stumbling into a "Who's on first" fiasco, putting at risk the preservation of key evidence, the attorney-client privilege and the efficacy of the crisis response.
Employment Issues
Sending U.S. Employees to China: Things to Consider
The benefits and challenges for both the individual and employer in structuring an overseas assignment as an expatriation, with the employee remaining on the payroll of the U.S. entity but assigned to a Chinese affiliate, or a local hire, with the U.S. employee signing an employment contract directly with the affiliated company in China.
Securities Law
Insider Trading: Examining Tipper and Tippee Liability
Recent SEC enforcement actions demonstrate that even casual disclosures of material, non-public information between friends risk drawing regulatory scrutiny if the recipient of the information trades or further disseminates the information to someone who does trade.
FROM THE APRIL ISSUE
Securities Law
Removability of Federal Class Action Claims From State Court
For decades, the volume of securities class actions has grown, and while initially most were filed in federal court, the number of securities class actions filed in state court has increased steadily and in 2010 surpassed the number of federal court filings.
SPONSOR SPOTLIGHT
Corporate Litigation
Directors' Exercise of the Corporate Privilege
Current directors of a corporation have a near-absolute right to inspect the corporation's books and records, including the privileged legal advice the corporation seeks and obtains. Recent case law exploring the boundaries of this right illustrates that in practice the analysis is more nuanced.
FROM PREVIOUS ISSUES
Intellectual Property
Injunctions, Standard Essential Patents and F/RAND
Recent developments raise concerns that the statutory right to an injunction may now, in many circumstances, be unavailable to the owner of an SEP, and that a patent owner may be subject to antitrust scrutiny, or even liability, for invoking that right.
SPONSOR SPOTLIGHT
Contract Drafting
Due Diligence of Supply Chain Contracts in M&A
A review of some of the threshold contract disposition issues, including the types of business combinations, and indemnification and limitation of liability provisions.
Securities
Insider Trading: Examining Primary Theories of Liability
Despite the SEC's intense and persistent attention to insider trading enforcement and the headline grabbing nature of the SEC's enforcement actions, many in the financial and business community remain unfamiliar with the origins and legal basis for the prohibition against insider trading in the United States and the exact conduct that is proscribed.
Mergers and Acquisitions
Acquisitions and IP Licenses: Looking Out for Poison Pill Affiliate
License provisions that apply to affiliates and subsidiaries may 'infect' a buyer's businesses and intellectual property can be subject to an unnegotiated terms with an unwanted licensor.
SPONSOR SPOTLIGHT
International Business
Doing Business in Saudi Arabia
An overview of factors to keep in mind when doing business in what remains an enticing market for foreign investment: Islamic law, an aggressive and sustained legislative reform program, no binding precedent, corruption risk, and more.
