Credit Card Transactions — How Safe Is Your Personal Information?
As originally published in Forbes (Mar. 30, 2011). A recent decision by the California Supreme Court in Pineda v. Williams-Sonoma (Feb. 10, 2011) prohibits businesses from requesting that credit card holders provide “personal identification information” during credit card transactions and then recording that information. Unfortunately, the Court’s opinion may leave unanswered as many questions as.. read more →
Protecting Your Corporation Against FCPA Liability in Mergers & Acquisitions
As originally published in Forbes (Mar. 28, 2011). The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the United States, from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official.. read more →
E-Discovery And The Rise of Predictive Coding
As originally published in Forbes (Mar. 23, 2011). Predictive coding is the electronic coding, organization, and prioritization of entire sets of electronically stored information (“ESI”) according to their relation to discovery responsiveness, privilege, and designated issues before and during the legal discovery process. Lawyers control this process by specifying relevant criteria. Computers then expedite discovery,.. read more →
Why The Wikileaks Twitter Case Was Correctly Decided. And Why It Shouldn’t Be.
In an important opinion issued Friday, the U.S. District Court for the Eastern District of Virginia in United States v. Appelbaum upheld a previous order instructing Twitter to turn over to the U.S. government Twitter records—not the content of tweets (that in this case were already publicly available)—related to the government’s ongoing Wikileaks investigations. The.. read more →
Zero Tolerance: The Race To The Top of Anti-Corruption and Stringent Government Enforcement of the Foreign Corrupt Practices Act (“FCPA”)
As originally published in Forbes (Mar. 15, 2011). I argued recently that corporations must not only implement stringent anti-corruption policies, but also “race to the top” in light of predicted stricter enforcement of the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”) and this May’s taking effect of the UK Bribery Act, the new international.. read more →
Unified Legal Repositories And A Coherent, Efficient E-Discovery Strategy
As originally published in Forbes (Mar. 8, 2011). Technology has transformed the legal discovery process over the past decade, whether a complex case involving the Department of Justice and/or other regulatory agencies or a traditional civil action between two private parties. In the past, discovery was purely reactive and matter driven. However, according to David.. read more →
Lawyers & Tech Entrepreneurs: Four Important Lessons From Michelangelo’s Sculpting of The David
As originally published in Forbes (Mar. 7, 2011). Michelangelo Buonarroti (born March 6, 1475) was a giant of the Italian Renaissance whose painted works include The Sistine Chapel and The Last Judgment. Yet as legendary Michelangelo scholar Frederick Hartt tells us, the artist thought of himself first and foremost as a sculptor. See Frederick Hartt, Michelangelo at.. read more →