Introduction On August 24, 2018, in a rare, 73-page decision interpreting the Foreign Corrupt Practices Act (“FCPA”), the…

For the past year the #MeToo movement has altered the landscape of corporate conduct and accountability, not only for senior management…

The growing wave of sexual harassment cases against high-profile figures has revealed that the use of nondisclosure or confidentiality…

Uncertainty is bad for business. The interpretation by the Department of Justice (DOJ) and the Securities and Exchange Commission…

On October 3, 2018, the United States Supreme Court held oral argument for New Prime Inc. v. Oliveira, No. 17-340, a case concerning…

I. Introduction The recent popularity of cryptocurrencies and blockchain-based tokens among investors has raised implications…

Subject to court approval, Tesla will appoint two additional new independent directors in connection with its settlement of fraud…

The Eleventh Circuit recently found in favor of Blue Bell Creameries, Inc. by rejecting its own earlier dicta and explicitly expanding…

On August 13, 2018, President Donald Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)…

The online retail marketplace bedevils major brand owners. It provides a vast, new market channel; it destroys brand owners’…

In the time before the internet made breaking news available 24/7/365, the most important breaking news came via the three television…

Consider the following three statements, each of which might be found in a written agreement for a commercial transaction: Borrower…

There is a growing divide that separates companies that were “born digital” and legacy organizations struggling to digitally…

In 2017, an ABA Business Law Section task force completed a landmark report titled “Defining Key Competencies for Business Lawyers”…

During a speech in San Francisco on June 14, 2018, at the Yahoo! Finance All Markets Summit, William Hinman, director of the Division…