INTRODUCTION Businesses face more than reputational risk when the personally identifiable information (“PII”) of their customers…

For well over a century, the Sherman Antitrust Act has prohibited agreements to allocate productive resources or inputs. An agreement…

The distinction between direct and derivative claims follows necessarily from the concept of a legal person being separate and…

Private target M&A agreements often provide for one or more post-closing purchase-price adjustment mechanisms, which may have…

On May 14 of this year, the Supreme Court issued a decision that has changed the landscape of gambling in the United States. In…

The Consumer Financial Protection Bureau's (“CFPB”) Acting Director, Mick Mulvaney, recently announced that the CFPB will…

On May 24, 2018, President Trump signed into law a broad rollback of the Dodd-Frank Wall Street Reform and Consumer Protection…

In MHS Capital LLC v. Goggin, the Delaware Chancery Court, in addressing claims for breach of contract and breach of fiduciary…

The information universe is expanding in truly mind-numbing ways. There is a new exabyte of data created every few hours across…

There is a very tiny world out there in which people pay millions of dollars in advance payments for “factory-manufactured”…

In a landmark victory for employers, the U.S. Supreme Court held that agreements requiring employees to arbitrate claims on an…

Lawyers should not expect their clients to have the expertise of a professional records manager; however, there are some basic…

In the previous installment, SEC Issues New Guidance on Cybersecurity Disclosure and Policies, we explored the text and implications…

In February, the SEC announced that it had adopted long-awaited new guidance on cybersecurity disclosure. While the new guidance…

In the fall 2016 issue of In Our Opinion, I wrote an article entitled Dealing with Government Investigations in Audit Responses…