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What’s up with WhatsApp? 4 Tips for Avoiding Recordkeeping Fines

Recordkeeping:  the often-thankless administrative task that only gets noticed when things go wrong.  Why should your legal department even care?  Two reasons: Let us layer on the additional complication of messaging apps…  Professional texts are corporate records, and their retention may be required.  Here are the facts: On September 27, 2022, the US Securities and …

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Dramatically New DOJ Expectations for Compliance Programs: What You Need to Know

The world of corporate compliance is in continuous evolution.  Sometimes, however, it suffers a slight paradigm shift.  With apologies to Yentl, “this is one of those moments.” The DOJ has now outlined a number of prioritized topics that you might find alarming: 1. Clawbacks for guilty executives; 2. CCO Certifications; and 3. Personal messaging. Before …

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What Are Your New Compliance Expectations under the ENABLERS Act?

As attorneys, one of our sacred obligations is the maintenance of the attorney-client privilege.  We strive to maintain the privilege to the fullest extent practicable.  However, the law always provides for exceptions.  (We won’t, for example, be able to assist you with homicide.  Sorry.)  The U.S. Congress may be adding another exception to that relatively …

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Ensure Your Insurance Insures Cyber-attacks! (Also, 3 Macro-Recommendations to Maximize Protection)

With the Russian invasion of Ukraine, several topics have taken center stage, among them: economic sanctions, wheat and food shortages, and the exits of famous brands like Starbucks, McDonald’s, and PepsiCo.  (What will Red Square do without its Happy Meals?)   Yes, Russia “exports” foreign brands; it also “exports” cyber-terrorism and ransomware attacks.  (To be …

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Don’t Let Your EIDL Loans Breach Contracts and Cloud Title!

In response to the COVID-19 pandemic, the U.S. government offered COVID-19 Economic Injury Disaster Loans (“EIDL”) through the Small Business Administration (‘SBA”).  The SBA stopped accepting new loan applications as of January 1, 2022.  Due to program design, the EIDL might cloud title without providing adequate public notice.  This means that an EIDL loan could …

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Sanctions: Just the FAQs

Internationally-minded companies should have systems in place to ensure compliance with a vast array of foreign and domestic economic sanctions.  That said:  before Russia’s invasion of Ukraine, the topic of “economic sanctions” was often relegated to overworked supply chain managers (or the dark, dingy offices of…well, lawyers like us). Fast-forward to the present:  with apologies …

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