BLT: July 2017


Feature Articles

Business & Corporate

Corporate Governance . . . Innovative Thinking In South Africa’s Latest Code

South Africa, a country that is known around the world for the wisdom and stature of its former leader, the late Nelson Mandela, is also recognized for its contribution to ground-breaking corporate governance. With the release of the fourth King Report on Corporate Governance for South Africa, South Africa has undeniably one of the best corporate governance frameworks worldwide.

Business & Corporate

“Alexa, Do You Have Rights?”: Legal Issues Posed by Voice-Controlled Devices and the Data They Create

The decision to use voice-controlled digital assistants, like Amazon’s Alexa, Apple’s Siri, Microsoft’s Cortana, and the Google Assistant, may present a Faustian bargain. While these technologies offer great potential for improving quality of life, they also expose users to privacy risks by perpetually listening for voice data and transmitting it to third parties.


Business & Corporate

KEEPING CURRENT: Supreme Court Curbs SEC’s Disgorgement Power: Holds That the SEC Can’t Escape the SOL

On June 5, 2017, in Kokesh v. SEC, the Supreme Court held that disgorgement by the SEC is subject to the five-year limitations period of 18 U.S.C. § 2462, severely restricting the commission’s ability to force companies to disgorge profits prior to five years before an action is brought. The decision could also impact attempts by the DOJ to force companies to disgorge profits from allegedly illegal conduct.

Business & Corporate


This column explains why lawyers forming limited liability companies should not dabble in Delaware. When a business lawyer chooses a state of formation for a business entity, the lawyer seeks prospectively the governing law whose characteristics most favor the client’s interests. Although in particular situations one characteristic may dominate, in general the business lawyer should look for governing law that is clear, comprehensive, coherent, accessible, and stable (or at least predictable).

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Brigida Benitez

With parents who immigrated from Cuba to the United States, Brigida Benitez grew up immersed in two cultures. A partner at Steptoe & Johnson, Benitez focuses on complex litigation, global anti-corruption matters, and internal investigations. She’s also served as Chief of the Office of Institutional Integrity of the Inter-American Development Bank and as president of the D.C. Bar. The highlight of her career — so far — was representing the University of Michigan for six years in the case that led to a victory for diversity in higher education before the U.S. Supreme Court.