Compliance with laws and regulations, financial reporting, disclosures, securities, employment, safety, advertising, consumer protection, tax, IP, environmental.

The Corporate Transparency Act: A New Effort to Fight Money Laundering with Lori Smith

February 29th, 2024|Categories: Complex Business Litigation, Corporate Compliance, ELP, News|Tags: , , , , |

In this episode, we discuss the Corporate Transparency Act (CTA) with Lori Smith of Stradley Ronon, including the key facets of the Act's requirements, potential penalties, and chances for litigation. As Lori notes, "the U.S. is one of the few countries in the world where you can form entities, and nobody can tell who owns them". The CTA aims to prevent this from being the case. Listen and learn more!

Navigating International Discovery

January 31st, 2024|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , , |

In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!

Fresh Produce Law, Contracts, and Risks

January 31st, 2024|Categories: Corporate Compliance, ELP, Employment|Tags: , , , , |

In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain".  Listen and learn more!

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

January 19th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”

The Awesome Potential of Advanced Dispute Resolution

December 22nd, 2023|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , , |

In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

December 21st, 2023|Categories: Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.

ESG Programs and the Lawyer’s Role

October 6th, 2023|Categories: Corporate Compliance, ELP, Law Firm Operations|Tags: , , , , |

In this episode, we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance Issues, or ESG. How can law firms themselves adopt ESG practices and what role do they play with clients? How can in-house counsel drive ESG initiatives? What are the pitfalls and risks? And have you ever wondered how rating organizations work? Listen now!

Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny

September 15th, 2023|Categories: Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. Natalie West represents sophisticated clients in complex commercial disputes. She regularly serves as the lead brief writer in antitrust cases, employment and consumer class actions, and appellate matters. Natalie graduated with high honors from the University of Texas School of Law, where she served as a member of the Texas Law Review and was elected to the Order of the Coif. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Avoiding Antitrust Scrutiny Spotting the Risk, Reaping Rewards The increase in aggressive antitrust enforcement has certainly received significant attention. For the moment, juries are not rewarding the prosecutors. That said, even an unsuccessful government investigation is itself costly and can motivate plaintiffs’ lawyers. Best practices involve not only following the law but also maintaining solid optics to avoid the need for an expensive, if ultimately successful, defense. [...]

The Light and Dark Sides of Auto-GPT

August 2nd, 2023|Categories: Corporate Compliance, ELP, Technology Law|Tags: , , , , |

Businesses must understand how Auto-GPT technologies use data, the potential for biased results, and how to responsibly leverage these powerful technologies. Listen to my interview with Jason I. Epstein, Partner at Nelson Mullins Riley & Scarborough, as we explore this emerging field.

The IRS and Rules About Rules

June 24th, 2023|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , |

The Administrative Procedures Act outlines the rules of rule making for federal agencies. Lately it has become a focal point in tax litigation, due in large part to the IRS’s record of refusing to comply with the law's notice-and-comment mandate. Listen to learn more about recent trends in tax litigation. Get an article, too.

The Blueprint for an “AI Bill of Rights”

June 22nd, 2023|Categories: Corporate Compliance, Technology Law|Tags: , , , , |

Authors Peter Schildkraut is a co-leader of the firm's Technology, Media & Telecommunications industry team and provides strategic counsel on artificial intelligence, spectrum use, broadband, and other TMT regulatory matters. Mr. Schildkraut helps clients navigate the ever-changing opportunities and challenges of technology, policy, and law to achieve their business objectives at the US Federal Communications Commission (FCC) and elsewhere. He is the author of "AI Regulation: What You Need To Know To Stay Ahead of the Curve. James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the US government, with a focus on professional services organizations and the life sciences industry. He is a regular speaker and author on procurement and drug pricing matters and his work is regularly featured in nationally-distributed industry print and digital media. Mr. Kim provides clients with strategic counsel related to US government funding and US market access, including assistance with more than $5 billion in procurement and grant awards and regulatory counsel related to more than $40 billion in successful M&A transactions. Marne Marotta works with clients facing complex challenges to develop and implement dynamic government relations strategies. Drawing from her experience in the Senate and the executive branch, she provides clients with strategic guidance and counseling, devises and implements comprehensive advocacy campaigns, [...]

How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones

June 21st, 2023|Categories: Corporate Compliance, Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Dan Harris (dan@harrisbricken.com) is co-founder of Harris Bricken where he focuses his practice on international law and protecting businesses in their foreign operations. A leading authority on the subject, he is also editor of the highly regarded China Law Blog, and a valued member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones "Chinese manufacturers commonly seek retaliation against foreign buyers that cease buying product from them. For this reason, it is critical that you line up your new suppliers (preferably in a country other than China) and have them ready to go before you even hint to anyone in China that you might cease or reduce production with an existing China supplier." Abstract: The author, one of the leading authorities on the legal issues related to international manufacturing, discusses the risks companies will face if they move their manufacturing out of China, what they should do to mitigate those risks, and what new risks they will face in [...]

Go to Top