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Cybersecurity: It Doesn't Come In A Box
Cybersecurity is often viewed as a technical issue, one that may be addressed by ensuring that corporate IT staff purchases, installs and maintains appropriate anti-virus software and a robust firewall. Cybersecurity is far more than that, however. Cybersecurity poses a governance challenge that...
Read MoreIneffective Internal Controls: Issues That Public Companies May Face After Receiving A Negative Report - Part II
Part I of this article appears in the October 2004 issue of The Metropolitan Corporate Counsel. In Part I of this article, we discussed the general disclosure and reporting requirements related to the assessment of an issuer's internal controls over financial reporting, or "internal controls,"...
Read MoreNew York Court Of Appeals Rules That Purchasers Of Petroleum-Contaminated Properties May Be Held Strictly Liable Under The New York Oil Spill Act For Pre-Existing Discharges
In a landmark case expanding the reach of New York's Oil Spill Act, New York's highest court has ruled that a purchaser of petroleum contaminated property may be held liable for the cost of remediating contamination released prior to the date of purchase, even though the purchaser did not cause the...
Read MoreIneffective Internal Controls: Issues That Public Companies May Face After Receiving A Negative Report - Part I
Part II of this article appears in the November 2004 issue of The Metropolitan Corporate Counsel. Since their adoption, the "accounting provisions"1 of the Foreign Corrupt Practices Act of 1977, which amended the Securities Exchange Act of 1934, have generally required public company issuers to...
Read MoreNew Liability Trends In Online Gaming
As the popularity of online gambling (let's call it "gaming") and entertainment grows, so does the complexity of related liability. Gamers who lose money don't want to pay. Astonished parents are shocked at online gambling debts of teenaged offspring. Even where it is legal - in some countries...
Read MoreAre Your Employees Entitled to Overtime Pay? The FairPay ("White Collar") Overtime Regulations
On August 23, 2004, the U.S. Department of Labor's new regulations regarding the "White Collar" exemptions under the Fair Labor Standards Act ("FLSA") will take effect. The new regulations entitled FairPay alter the analysis every employer must undertake to determine whether an employee is exempt...
Read MorePolicy Issues Alert! FCC Adopts All-Or-Nothing Rule To Replace Pick-And-Choose Rule
On July 13, the Federal Communications Commission released its Order requiring a telecommunications carrier seeking particular terms in another carrier's interconnection agreement to adopt the agreement in its entirety, taking all rates, terms and conditions. The Order effectively abolishes the...
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