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ANALYSIS: Don’t Check Your Forensic Report’s Privilege

Once upon a time, when outside counsel hired a forensics firm to prepare a post-breach report, the contents of that report remained privileged in ensuing litigation. In the wake of recent court decisions, however, the story has taken an unexpected twist.

ANALYSIS: Privilege Review Is More Than Meets the Eye

So you’re settling into your new job as a litigation associate, and want to knock first impressions out of the park. You may soon find yourself conducting a privilege review. It’s not the most exciting assignment, but it can involve complex legal analysis and have important ramifications for the case.

ANALYSIS: FTC Finds Tech Giants Have a Big Taste for Small Fish

An FTC report on a decade’s worth of acquisitions by the “big five” technology companies found that most “unreported” deals were very small. This shows that M&A is an important exit strategy for small tech firms, and that tweaking the reporting rules for merger review wouldn’t catch most deals.

ANALYSIS: Banks’ Climate Disclosures Lack Key Data

The six largest U.S. banks have announced ambitious net-zero financed emissions targets, but would their statements likely pass muster if the SEC passes a new climate change disclosure rule? I reviewed their Form 10-K filings and voluntary reports to find out.

ANALYSIS: Big Social Media Has a Major Say Over User IP Rights

In a court filing last week, Instagram sent a blunt message to anyone thinking of accusing it of facilitating infringement: You signed up for this. A close look at major social media platforms’ user terms shows that Instagram is not alone in acquiring broad content rights—and that’s unlikely to change.

ANALYSIS: Info Bundling May Improperly Mitigate Fines, Damages

An SEC Commissioner recently criticized “information bundling,” which occurs when companies strategically release bad news in ways that dampen or obscure the market’s reaction. In federal securities law, reliance on a company’s stock price as a measure of fines or damages against them can be problematic, because companies control the flow of information to the markets than can impact that pricing.

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Corporate Transactions: Leading the Strategy

Bloomberg Law Analysts talk about trends they see in corporate transactions.

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