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Commentary

For in-house counsel, complexities in SEC developments

As we approach the proxy season, the SEC landscape has changed significantly. We have one year of “say-on-pay” under our belts; private ordering of shareholder proxy nominations (see my January column); and a flurry of SEC guidance, including compensation, risk, ...

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Deadline up for Mass. data security regulations

The deadline for compliance with a key requirement of the Massachusetts Data Security Regulations is here. By March 1, contracts must require that certain service providers implement and maintain appropriate security measures to protect personal information.

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Recent developments in FLSA litigation

On the somewhat arcane topic of paying non-exempt employees under the federal Fair Labor Standards Act’s “fluctuating workweek” method, there have been some significant developments in 2011.

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How global is the attorney-client privilege?

It is no secret that in-house counsel are bringing more work in-house while also handling more international legal work. At the intersection of that trend dwells the risk that in-house counsel will rely on the attorney-client privilege in communicating with ...

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Inconsistencies in Dodd-Frank implementation

The huge scope of the Dodd-Frank Act poses an enormous problem for the Securities and Exchange Commission: How, in the midst of everything else, can the SEC perform the various functions assigned to it by Congress?

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