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April/May 2010

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The Perils of Citizens United

The U.S. Supreme Court’s decision in Citizen’s United allows corporations to fund advertisements that advocate for or against candidates for public office. This has unleashed a strong backlash against corporate election spending.
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Governance

Prosecutors Dust Off the Responsible Corporate Officer Doctrine

Both federal and state prosecutors are ramping up their use of the Responsible Corporate Officer Doctrine, which, the authors write, “seeks to hold corporate leadership responsible for organizational non-compliance, even if the officer or director had no involvement with or knowledge of the challenged conduct.”
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The Kidnapping Business is Booming

By some estimates there are up to six Americans being held hostage by kidnappers somewhere in the world on any given day.
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Beware FCPA Violations

The authors highlight recent enforcement activity under the federal Foreign Corrupt Practices Act and suggest the FCPA will remain a priority for the foreseeable future.
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Intellectual Property

Cost-Cutting Strategies for U.S. Patent Prosecution

The cost of obtaining a patent, according to the authors, has risen because of two factors.
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E-Discovery

Strategies For Controlling E-Discovery Costs

Through a discussion of a survey commissioned by his firm, FTI Consulting, the author takes up the issue of controlling e-discovery costs.
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Downturn Drives Legal Department Innovation

Concerns about law department costs must be balanced against the value imperative. Striking that balance is the fundamental role of the in-house legal function.
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Shareholder Rights on the SEC Agenda

This article is about “proxy access,” which means allowing the shareholders to nominate and promote the election of directors to the boards of corporations.
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Employment in the Age of Social Media

As social media sites proliferate, so do examples of employees losing their jobs because of information discovered on them.
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Workforce Classification in California

Employees and independent contractors have fundamentally different rights under California law.
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A New Immigration Enforcement Regime

A widespread initiative by U.S. Immigration and Customs Enforcement (ICE) last summer confirmed a new style of enforcement by the Obama Administration.
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Fiduciary Duties of a Buyer's Board

2009 was an active year for litigation focused on the fiduciary duties of public company directors.
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Recission Sweeps Away Controversial Patent Rules

The Director of the United States Patent and Trademark Office, David Kappos, recently rescinded several proposed patent rule changes.
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