Search

The Supreme Court's Salman decision reaffirmed that a gift of information to a trading relative is sufficient to satisfy the Dirks personal benefit requirement. Nevertheless, the law leaves at least [...]

In a recently filed brief, the U.S. government is asking the Supreme Court to adopt a standard of insider trading that essentially would reverse the Second Circuit's Newman decision. It [...]

The SEC recently issued several reports that provide important lessons on its enforcement program, as well as providing guidance on its enforcement priorities going forward., Over the last two months, the SEC issued two reports that provide useful perspectives on its enforcement program. In February, it issued the combined 136-page 'FY 2017 Congressional Justification & [...]

Motions to dismiss are critical in securities class actions and denials of such motions can result in significant settlements. Set forth below are examples of key defenses that worked well [...]

While some of the issues surrounding what a remote tippee needs to know about the information it receives and the person providing the information before it can be liable for insider trading in a civil or criminal case have been addressed by the U.S. Supreme Court, others currently are being debated in the courts., The last thing hedge funds need is another wakeup call about the risks of liability for trading on the basis of material nonpublic information. But if they did, a July [...]

How likely is the Consumer Financial Protection Bureau to hold individuals personally liable in enforcement proceedings? So far, the bureau has brought 12 such cases. Here's what you should know [...]

In Conservatorship of Wendland the California Supreme Court established a high standard of proof for end-of-life decision making on behalf of patients who are incompetent but conscious and have a [...]

The authors focus on trade-offs involved in the professionalization of cybersecurity. They state the U.S. Department of Homeland Security sponsored a National Research committee to examine the role professionalization could play in enhancing the capability and capacity of U.S. national cybersecurity workers. They suggest that blanket professionalization strategies would end up hindering efforts to develop a national cybersecurity workforce capable of meeting demands of a rapidly changing field.

Robert Wendland was profoundly brain-damaged from injuries sustained in a 1993 automobile accident. He emerged from a 16-month coma with severe cognitive impairment and paralyzed on his right side. He [...]

The authors spent nearly a year wrestling with this issue after their clients in civil litigation began to receive pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. Three months after the threats began, the U.S. Federal Bureau of Investigation (FBI) determined the identity of the perpetrator. After another seven months, the local Attorney's office commenced prosecution. During the ten-month period before prosecution, however, the perpetrator's identity remained a secret, pursuant to rules of federal grand jury secrecy. The FBI agent and the assistant Attorney handling the case knew, but were not permitted to tell, who was making the threats. It was compelled by the company's clients to use an Internet service provider (ISP) to reveal voluntarily the identity of a subscriber who has pseudonymously posted or emailed death threats. But Yahoo! refused. This article sets forth the reasons why we have concluded that an ISP is not only permitted by federal law, but also obligated by California law, to reveal upon request the identity of a subscriber who has pseudonymously posted or emailed threats of death or great bodily injury.

The article discusses the importance for electrical engineers to consider the codes and standards to achieve energy savings when designing laboratory ventilation systems. Overview of the codes and standards that guide the design of laboratory ventilation systems is provided. Information on the changes of the 2015 International Mechanical Code (IMC) section on hazardous exhaust systems and its potential effects on energy use is offered.