Doug Cornelius on compliance for private equity real estate
Last week a legal case tacked a novel issue involving Artificial Intelligence. The defendant used Claude, Anthropic’s AI platform, to prepare reports that outlined his possible defense strategy. The defendant argued that the reports were subject to privilege. The government argued they were not and wanted them produced for discovery in the legal case. The…
Based on the White House statement about Stop Online Piracy Act (SOPA), the PROTECT IP Act and the Online Protection and Digital ENforcement Act (OPEN), those bills may be in serious trouble. The Stop Online Piracy Act (SOPA), H.R. 3261, as originally proposed bill would allow the U.S. Department of Justice to take action against…
Lots of discussion about the Quon case focused on the lack of technology expertise by the Justices on the Supreme Court. Actually, most people labeled them as Luddites. DC Dicta even claims that Chief Justice Roberts writes his opinions in long hand with pen and paper. This issue that I am hoping to see addressed…
Back in April, I mentioned a New Jersey case that found e-mail, sent during work hours on a company computer, was not protected by the attorney-client privilege: Compliance Policies and Email (Stengart v. Loving Care [.pdf]) That case has now been overturned. It seems that a company’s policy on computer use may be more limited…
Are your compliance processes too complicated? Let the cloud simplify them! From Geek and Poke.
eBay took a bold move yesterday, using Web 2.0 tools for investor relations. During its first analysts’ meeting in three years, eBay management had a live twitter stream with live coverage of the meeting and bloggers with just less than live coverage of the meeting. The securities industry seems to be struggling with Web 2.0…
Here are some policies that I like for dealing with blogging and social networking sites: IBM Social Computing Guidelines – Blogs, wikis, social networks, virtual worlds and social media Cisco’s Internet Postings Policy Sun Microsystems: Sun Guidelines on Public Discourse BBC: Personal use of social networking and other third party websites (including blogging and personal…
MessageLabs (now part of Symantec) published a whitepaper Not Just Words: Enforce Your Email And Web Acceptable Usage Policies. The Whitepaper was written by Nancy Flynn, Executive Director of the ePolicy Institute. Email & Web Rule #1: Comply with Legal and Regulatory Rules Email & Web Rule #2: Enforce Acceptable Usage Policy with Training and…
Timothy Hearn of Dorsey and Whitney, penned SEC Provides Guidance On Use Of Company Web Sites in Cyberspace Lawyer Vol. 13, No. 9, Pgs. 8-12. Bowne’s Digest of Compliance professionals abstracted some of the highlights: Tips On How To Keep The Corporate Website In Compliance With Securities Laws. The SEC has issued an interpretive release…
Mike Sisco of Cutter Consortium wrote a case study on what to do about a softwre license problem in the context of an M&A transaction: Compliance Problems? Address All Issues Quickly. If you encounter software license compliance problems in an M&A transaction, there are two ways to resolve the problem: Point out the problem to…