Managing Information Risk and Archiving Social Media
As originally published in Forbes on September 28, 2011. Imagine a simple scenario. Jane Doe, a disgruntled employee at a multi-billion dollar mineral spring water company (A), sends out the following tweet from her work station and the marketing department’s Twitter account, which she is authorized to use. Senior Management here at (A) is telling industry analysts.. read more →
FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest
The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under.. read more →
Dodd-Frank Whistleblowing Claims Require Personal and Direct Reporting to SEC
As originally published in Forbes (May 10, 2011). In Egan v. TradingScreen, Inc. (S.D.N.Y. May 4, 2011), U.S. District Court Judge Leonard Sand held that relief under the Securities Whistleblower Incentives and Protection provisions of the Dodd-Frank Act (“Dodd-Frank”) is predicated upon the whistleblower’s personal and direct disclosure of all relevant information directly to the.. 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 →
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 →
A Cloud Computing Primer for Corporate Counsel
As originally published in The American Lawyer’s Corporate Counsel and Law & Technology News (March 1, 2011). Cloud computing is the most exciting evolution in information technology today. Defined by the National Institute of Standards and Technology (“NIST”) as “a model for enabling convenient, on demand network access to a shared pool of configurable resources.. read more →
Why Corporate Counsel Must Own Social Media Policy
As originally published in Forbes (Dec. 1, 2011). Corporate counsel must own their companies’ social medial policy in order both to keep ahead of the curve of rapidly evolving legal questions arising from the use of such media by both employees and employers, and to serve as effective conduits between employees and their companies. The.. read more →