Article by: Kyle Reykalin / FRONTEO

Conducting cost-effective and efficient e-discovery for Foreign Corrupt Practices Act investigations involving U.S. and Japanese companies requires a rare combination of legal, cultural and technological skills. Here are seven common obstacles, and practical tips to help e-discovery teams overcome them.

1. Bridge dissimilar legal systems. It’s important to understand the differences between the two legal systems. Japanese in-house counsel are often surprised at the scope, expense and formality of the American discovery process, as well as the danger that their confidential business documents and strategies might be shared. American attorneys occasionally assume that the in-house legal departments of large Japanese corporations are familiar with uniquely American legal concepts, such as attorney-client privilege. Care must be taken to clearly explain the requirements of confidentiality, electronically stored information collection, the obligations of legal hold and other discovery concepts.Continue Reading Seven Tips for Handling E-Discovery in Cross-Border FCPA Investigations: Dealing with two languages more than doubles the complexity

Article by: Wilfred Coronato / McCarter & English

The year was 1981. “The People’s Court,” “Hill Street Blues” and “Dynasty” all premiered on network television. The price of a first-class stamp rose from 15 to 18 cents. New York City’s Metropolitan Transportation Authority introduced a spiffy brass token with a “Y” cutout in it to cover the 75-cent ride. And New Jersey enacted a statute – the Truth-In-Consumer Contract, Warranty & Notice Act (TCCWNA) – designed to prohibit deceptive terms in consumer contracts, warranties, notices and signs.Continue Reading Litigation at Your Terms of Service: More than 20 lawsuits filed last year claimed that corporate websites violated New Jersey’s consumer protection laws

Article by: Charlie Platt / iDiscovery Solutions

I’ve written on this topic before, and despite the danger of sounding like a broken record, I will repeat myself: Cybersecurity is all about risk management. Many of you are likely working with your company’s chief information security officer (CISO) and security teams to help assess and control this cyberrisk. (At least I hope you are.) And one of the first things most security professionals recommend is taking an inventory of your IT assets. In fact, it’s embodied in the first Function of the National Institute of Standards and Technology’s (NIST) Cybersecurity Framework:

“The activities in the Identify Function are foundational for effective use of the Framework. Understanding the business context, the resources that support critical functions, and the related cybersecurity risks enables an organization to focus and prioritize its efforts, consistent with its risk management strategy and business needs. Examples of outcome Categories within this Function include: Asset Management; Business Environment; Governance; Risk Assessment; and Risk Management Strategy.”Continue Reading Are You Accounting for One of Your Largest Cybersecurity Risks?

Interview with Scott Lefton/AccessData

Scott Lefton is a senior sales engineer at AccessData. Though he is not directly involved in conducting or supervising investigations, he spends a lot of time talking to the people who do, including chief security officers, people in HR and, of course, in-house lawyers. He listens to their “woes,” he said, and suggests software designed to help them. His remarks have been edited for length and style. Continue Reading For Internal Investigations, Technology is Playing Catch-up with Technology: Companies focus on hackers and data, and sometimes overlook inside threats

Interview with Mike Koehler / FCPA Professor Blog

 When I read The New York Times front-page article in 2012 about Wal-Mart’s alleged bribes in Mexico, I thought it was going to be the U.S. equivalent of Siemens in Germany. Before I ask you about that, can you bring us up to date on Wal-Mart’s FCPA investigation? What has happened over the past five years?Continue Reading Much Ado About…Little?: How a ‘garden variety’ FCPA investigation of Walmart grabbed the spotlight

Article by James A. Merklinger /  Association of Corporate Counsel (ACC)

There is no doubt that 2016 was a record-setting year in the history of the enforcement of the Foreign Corrupt Practices Act. The nearly $2.5 billion in settlements that companies paid to resolve FCPA cases dwarfs the previous year’s figure of $133 million. However, nearly absent from the books last year were incidents in the Middle East.
Continue Reading ACC and Dubai Join Forces on Anticorruption Program: Goal is to train in-house counsel active in the Middle East

Article by Beth S. Rose / Sills Cummis & Gross PC

Who would have thought that the question of where venue lies in a patent infringement action could generate so much buzz among lawyers? But it has. The U.S. Supreme Court’s May decision in TC Heartland v. Kraft Foods Group Brands held that, under the patent venue statute, a domestic corporation resides only in its state of incorporation.

This was a big deal. The implications for forum shopping could be huge. But don’t count plaintiffs out yet. They still have options. And some of them may create new problems for defendants.

But first, let’s review how we got here.Continue Reading Four Likely Implications from TC Heartland v. Kraft Foods: The Supreme Court’s decision on venue in patent litigation could shake things up

Article by John Filar Atwood / Wolters Kluwer Legal & Regulatory U.S.

 

U.S. Department of Justice officials have gone out of their way recently to emphasize that enforcement of the Foreign Corrupt Practices Act is alive and well under the new administration. Perhaps in response to concerns that President Donald Trump is reportedly no fan of the FCPA, both Acting Assistant Attorney General Kenneth Blanco and Acting Principal Deputy Assistant Attorney General Trevor McFadden said in recent public remarks that the DOJ continues to vigorously investigate and enforce FCPA violations. Worth noting in McFadden’s comments is that the prosecution of individuals remains a DOJ priority.
Continue Reading No Free Pass Under Trump: Individuals who think they can do what they want without having to worry about FCPA enforcement should think again

Article by  Rebecca Love Kourlis & Brittany Kauffman / The Institute for the Advancement of the American Legal System (IAALS)

Americans deserve a legal system that can resolve disputes fairly, promptly and cost-effectively. But the truth is that runaway costs, delays and complexity are denying people justice and undermining public confidence in our legal system. Recognizing that this must change, in July 2016 the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) adopted a resolution endorsing 13 recommendations designed to secure the fair, speedy and inexpensive resolution of civil cases in state courts.
Continue Reading Civil Justice Reformers Aim to Modernize State Courts: Leaders call for states to implement 13 recommendations

Interview with Teresa Lavoie / Fish & Richardson

Teresa Lavoie, a principal at Fish & Richardson, didn’t start out planning to practice law. Her background is in science, and her first quasi-legal position was working as a patent liaison at a biotech startup before she decided to attend law school. But that was obviously a good career move. She’s been working with startups ever since, and Lavoie has become one of the most sought-after life sciences patent attorneys in the world. The interview has been edited for style and length.Continue Reading How a Patent Prosecutor/Strategic Adviser Racks Up Wins: Building strong patent portfolios builds value in growing companies