JDSupra
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eDiscovery
Cut The Crap: Cooperate Under Rule 26 or Look Like a Fool
An order issued by the court in Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867, No. 10-cv-446S (W.D.N.Y. Dec. 9, 2014) provides a valuable lesson to all litigants—failure to cooperate under Rule 26 is no longer just unacceptable…it’s embarrassing. -
Federal Government
Congress Makes It Possible to Reduce Some Union Pensions
As a part of the Consolidated and Further Continuing Appropriations Act, 2015, passed by Congress and signed by the President on December 18, 2014, the 161-page "Multiemployer Pension Reform Act of 2014" (Act) gives the trustees of a financially troubled multiemployer pension plan (and in some cases the federal government) the ability to temporarily or permanently reduce plan benefits for active and/or retired participants in order to keep the plan solvent, along with other changes. - Sponsored
New Report - Are Small Firms Achieving Their Legal Tech Goals?
In this new report of more than 100 professionals at small and smaller midsize law firms, iManage and Above the Law shed new light on… -
Finance, In-House Counsel
Bank of America Whistleblower Wins $57 Million Decision
In what is being considered a record, landmark case, a former bank executive at Countrywide Financial (now owned by Bank of America Corporation) was awarded $57 million for exposing the presence of fraud in the company’s mortgage practices.
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Federal Government
FERC Enforcement – What To Expect In 2015
The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as detecting and deterring fraud and manipulation in its markets and ensuring the safety and reliability of the grid. -
eDiscovery
Predictive Coding Slowly Becoming a Game Changer
Since Da Silva Moore, predictive coding is slowing gaining traction as a discovery tool that can help “secure the just, speedy, and inexpensive determination of every action and proceeding.” -
eDiscovery, Technology
Lost in the Cloud: Dropbox, Data “Insecurity,” and Employee Shenanigans
Chances are, more than a few of your employees have discovered the ease and utility of cloud-based storage and file sharing tools. They are incredibly useful. But, along with the upsides that these tools offer–like increased efficiency and team collaboration – they also can cause serious data “insecurity” headaches for employers. -
Technology
Legal Considerations for Web Based Start-Ups
Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. What does that mean for you if you are starting an online business? -
Health Care / Medicine, Technology
$150,000 HIPAA Settlement Following Breach of Unsecured PHI Due To Malware
The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced on December 8, 2014 that a community behavioral health organization agreed to pay $150,000 and adopt a corrective action plan to settle potential violations related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). - Sponsored
Mitigating M&A Cyber Risk: Pre- & Post-Acquisition Due Diligence
Why M&A cybersecurity due diligence? -
Finance
Investment Management Director Offers Top 10 Lessons Learned in 2014
In a December 10, 2014 speech, Norm Champ, the Director of the SEC’s Division of Investment Management, offered a glimpse at the top 10 industry lessons learned in 2014. While admitting that his Top Ten list “may not be as entertaining as one you would see on Letterman,” Champ said the list provides a view into both how the Division operates and its future goals. -
Technology
24 Privacy Authorities Worldwide Call For More Mobile App Privacy
Last week, the increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities. -
Finance
How to Aggressively Defend Against Lender Liability Lawsuits
Following an economic downturn, lenders are inundated with lender liability suits typically based on purported promises to extend the maturity dates of loans, alter the terms of loan agreements, or to forbear from foreclosing on real property collateral. -
Finance, Technology
Lawmakers Query Banks About Data Security
Suffered a cyber attack over the last year? Members of Congress want to hear about it, and all financial institutions should be prepared to competently respond to government inquiries if they are a victim of data breach. -
Technology
Court Allows Financial Institutions To Proceed With Data Breach Class Action Against Target
On December 2, 2014, a U.S. District Court in Minnesota ruled that a group of banks and other financial institutions could proceed with a class action against large national retailer Target arising from the data breach Target sustained from a computer hacking...
Sponsored
Sponsored
Mitigating M&A Cyber Risk: Pre- & Post-Acquisition Due Diligence
Why M&A cybersecurity due diligence?
Sponsored
Attention Buyer: Not All Legal AI Models Are Created Equal
Legal Gen AI – Uncover the best solution for your firm.
Sponsored
New Report - Are Small Firms Achieving Their Legal Tech Goals?
In this new report of more than 100 professionals at small and smaller midsize law firms, iManage and Above the Law shed new light on…
Sponsored
Sponsored
The Ethical use of Generative AI
What’s the key to empowering your legal team with the efficiency and insight of AI while protecting the integrity of their work? Read this article…
Sponsored
How To Maximize Productivity With Westlaw Precision With CoCounsel
Westlaw Precision with CoCounsel helps legal professionals get a faster start to their research. Over time, that added productivity can lead to higher-quality research and…
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Bankruptcy, Finance
Possible Tax Consequences of Debt Settlement
People want to pay their debts. If there is one thing I have learned over the last 11 years of practicing law is that people generally want to pay the debts that they have incurred. People usually hire me when they simply can’t. -
Technology
QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage
Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The practice, usually referred to as screen scraping, web harvesting, crawling or spidering, has been the subject of many questions and a fair amount of litigation over the last decade. -
Finance, Securities and Exchange Commission
SEC Charges Eight Audit Firms Charged With Independence Violations
The broker windows approach of filing groups of actions together which center on common theme is expanding to auditor independence. -
Technology
Rx for Data Breaches – Planning
Data breach reports have become a staple of the daily news. Companies of all sizes and across all industries are reporting breaches—whether caused by sophisticated third-party hackers or simple human error... -
Finance
Orrick's Financial Industry Week in Review
On December 2, the Federal Financial Institutions Examination Council (FFIEC) released the revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual. -
Finance
Lender-to-thy-Neighbor: P2P Lending in Perspective
Closely related to the crowdfunding phenomenon has been the evolution of the peer-to-peer (P2P) lending model.1 As the early standard-bearers of P2P prepare to enter the public markets, the model itself is poised for greater industry and regulatory visibility. So what has the undoubtedly impressive growth of P2P revealed thus far and what might it portend for a rapidly shifting and decentralized financial sector? -
In-House Counsel
New Survey Dispels Common Myths About Arbitration
Did you know that 87% of experienced arbitrators report *always* trying to follow applicable law in rendering an award? That will come as a surprise to many critics who like to complain that arbitrators do not adhere to established law.