On April 3, 2024, the US Securities and Exchange Commission announced that it had reached a $6.5 million settlement with registered investment adviser (RIA) Senvest Management, LLC on charges related to the firm’s “widespread and longstanding failures to maintain and preserve certain electronic communications.”

This article analyze potential lessons learned from this latest off-channel communications SEC enforcement action.

Litigation is inevitable for many businesses. For small- to medium-sized companies without a litigation department, the small legal team must strategize how to proceed with or without outside help or running into conflict of interest.

This is a sample capital stock purchase agreement.

After a decade of one ABA Section Committee that covered both Superfund and
Hazardous Waste, we decided to realign to better reflect the way practitioners have segmented
their practices. Thus, this is the maiden voyage of a new committee known as the Superfund and
Natural Resource Damages Litigation Committee. Note the emphasis on litigation. As we step
into the next phase of Superfund and NRD, we all expect the litigation to continue. This
committee is devoted to providing practical information, resources and tools to assist those
lawyers whose focus is in the Superfund and NRD areas.

This is a sample joint venture agreement in which the members agree to form a limited liability company.

The following outline is intended to provide a short overview of some of the issues discussed at the "Law Departments Adding Value: Structuring and Managing Outside Counsel Relationships and Beyond" conference on March 12, 2009. Includes advice on budgeting, fee structures, staffing and development, communication, and leveraging knowledge.

This Quick Overview explains the federal law requirements for obtaining and maintaining tax-exempt status under Section 501(c)(3) of the United States tax code.

In the first part of this Quick Overview, we examined how the feedstock of industrial projects in the United States should be procured so as to enhance bankability. In this third and final part, we address the purchase of the project's future production and other considerations that may affect bankability.

Due to the potential of costly civil liability, employers should be proactive in preventing and responding to whistleblower retaliation claims. This Quick Overview will provide information as to create an encouraging, positive compliance culture, conducting effective investigations, and instituting some best practices to avoid and, if necessary, defend against claims of retaliation.

The Minister of Employment and Labour (South Africa) published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) in terms of the Employment Equity Act (EEA). In this resource, learn eight key takeaways from the Code for employers and employees on the elimination and prevention of harassment as a form of unfair discrimination in the workplace.

More and more, boards of directors in the financial sector are required to assume responsibility for the organization’s risk management, a responsibility edging ever closer to actual managerial responsibility. This interactive session will provide in-house counsel with the tools they will need to educate and prepare the board to take on this responsibility. Discuss increased responsibility of the board in the financial sector in the areas of risk management — edging closer to a managerial responsibility. Learn how to handle risk management within the organization (i.e., responsibilities of parties, reporting lines, etc.) and identify new risks on the horizon. Understand what boards wish to hear: what information to and not to share with your board, and the risks associated with doing so. Learn how the new SEC and FINRA reporting requirements should impact your board advice regarding cyber threats. Discuss the Board's role in managing operations in emerging markets.

This article discusses the US Drug Enforcement Agency's (DEA) new regulation temporarily extending the “full set” of COVID-19 waivers for prescribing controlled substances via telemedicine.

Originally published by Foley & Lardner LLP on May 11, 2023.

This protocol was issued to establish a process for health care providers to voluntarily identify, disclose, and resolve instances of potential fraud involving the Federal health care programs (as defined in section 1128B(f) of the Social Security Act (the Act), 42 U.S.C. 1320a–7b(f)).

Faced with looming sanctions and hefty fines, in-house counsel should carefully review the new Occupational Safety and Health Administration (OSHA) provisions in order to maintain a commitment to compliance.

Ten helpful lessons you can learn from the recent data breach incident Target fell victim to.

No foreign judgement, decision or arbitral award can take effect in Vietnam until approved by the Vietnamese Court, provided the foreign judgement or arbitral award is in accordance with a treaty between Vietnam and the country where the judgement or award originated, is based on a reciprocal agreement, and is compliant with Vietnamese law. This article is an overview of the Vietnamese Court's recognition and enforcement of foreign court judgements and arbitral awards.

On May 10, 2023, the Texas State Senate passed the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. This article provides answers to some general questions about the TDPSA as it is currently written.