BLT: March 2016

 

Articles

Business & Corporate

Duels, Litigation, Arbitration, or Dispute Review Boards: The Better Choice in Complex Construction Projects

In eighteenth and nineteenth century America, dueling was a popular way to resolve disputes. Men, hoping to defend their honor, turned to dueling to even the score. Now, the prevailing form of dispute resolution, while perhaps less bloody, has enormous costs of its own with results that may be no less arbitrary or damaging to the parties. The authors have a better way.

Business & Corporate

Game of Twitter – Social Media and Its Impact on the Practice of Litigation

The practice of law, particularly litigation, has joined a long list of professions impacted by the advent of social media technology. At its core, social media offers new means of communication and research, which are critical components of litigation practice. Yet, the proliferation of these instant and often anonymous tools presents a plethora of issues for the litigator. At present, the rules of professional conduct are stuck playing catch-up.

Business & Corporate

FCPA Enforcement in 2016: Trends and Best Practices for Internal Investigations

The U.S. government significantly increased its resources devoted to FCPA enforcement in 2015. This trend might herald an uptick in FCPA enforcement in 2016. In the event of an FCPA violation, companies that cooperate with the government may receive benefits such as reduced fines or even agreements to defer or decline prosecution. This article provides an overview of FCPA enforcement trends and outlines best practices for internal investigations.

Business & Corporate

Corporations in an Election Year and Eight Tips on Legal Compliance

A presidential election year is an interesting and exciting time. Citizens follow and often support candidates, political parties, and platforms. Campaigns engender debate and raise the great issues of the day. When businesses, employers, employees, and stockholders become involved in election campaigns they must be aware that political involvement is not only a civic responsibility, it also is a regulated activity. Politics, like any other large endeavor in society, can be and often is subject to laws. The following tips explain how campaign activities can trigger specific legal compliance issues.

Business & Corporate

DOJ Creates Web Accessibility Minefield

New government regulations may not always be embraced by industry, but they have the advantage of being subject to a well-established administrative process that requires the adopting agency to consider pros and cons, costs and benefits, and to take into account input from the public as it considers the rules. This is especially true in cases where Congress has established broad statutory mandates, such as the prohibitions on discrimination set forth in the Americans with Disabilities Act. This article explores the DOJ proceeding that began in 2010 to adopt rules requiring the websites of public accommodations to be made accessible.

Departments

Business & Corporate

KEEPING CURRENT: Second Circuit Reinforces Liability Standard in Securities Cases Based on Statements of Opinion

This article addresses the interpretation of the Supreme Court’s 2015 decision in the Omnicare case, which held that statements of opinion may be actionable in some circumstances under an omissions theory even if they do not misstate the speaker's actual opinion. Few courts have yet addressed Omnicare’s omissions theory of liability for statements of opinion.

Business & Corporate

ETHICS CORNER: What Can Social Science Tell Us about Ethics?

Can ethics be taught? Absolutely yes. Scientific research in the behavioral sciences over the past 20 years has yielded a number of principles and practices that are quite helpful in shaping the ethical behavior of individuals. In the experience of the author, a consultant to law firm leaders for over 30 years, these principles and practices can be successfully applied to lawyers. The author discusses seven such principles and practices.

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Chris Johnson

Chris Johnson served as vice president and General Counsel of General Motors North America for the last seven years of his 20-year career with General Motors. In early 2011, his life radically changed. He took a mission trip to Mumbai, India, with his wife, Rhonda, and his church, and confronted the enormity and brutality of human trafficking through the eyes of its victims. “I learned how digging water wells and running preschool classes would help to break the cycle of generational poverty existing in the slums by sending children to school rather than allowing them to become future victims of human trafficking,” he said. Johnson chairs the ABA Business Law Section’s Task Force on Implementation of the ABA Model Principles on Labor Trafficking and Child Labor (Implementation Task Force).