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Latest documents

• How to Recognize and Fight Imposter Syndrome as a New Lawyer

  Imposter syndrome starts from within and is often made up of ideas and opinions we have made up about ourselves. Imposter syndrome often thrives irrespective of environment or even other people’s opinion. Merriam Webster defines “imposter syndrome” as a psychological condition that is characterized by persistent doubt concerning one’s abilities or accomplishments accompanied by the fear of being exposed as a fraud despite evidence of one’s ongoing success. For us general liability attorneys, the emphasis in that definition is “condition.” It is often argued that a plaintiff’s injuries were not causally related to the incident because the plaintiff suffered from a condition rather than sustained an injury. Like this defense theory, imposter syndrome starts from within and is often made up of ideas and opinions we have made up about ourselves. Imposter syndrome often thrives irrespective of environment or even other people’s opinion. Originally published in The Legal Intelligencer - April 4, 2024.

• Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well As Its Material Provisions

  A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it is patently futile or otherwise unreasonable to do so. The trust’s existence might be attacked by a “voider” who would benefit upon judicial imposition of a resulting trust. A material provision might be attacked by a UTC §415 “reformer” who seeks a court order that would judicially include him in a class of beneficiaries to which he had been expressly and unambiguously excluded in the provisions of the trust’s governing instrument.

• Retirement Plan Catastrophes That Should Be Avoided

  I ’ve lived a while and I have certainly seen a lot of epic disasters and catastrophes. I’m not talking just about real life but about retirement plans. There are many errors that retirement plans can have, such as failing to make timely deposits that can be easily corrected but that’s different than catastrophic errors that could cost plan sponsors a bundle and/or threaten the tax qualification of their retirement plan. These are some catastrophes that you should be avoiding.

• Insurance Update - April 2024

  Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not forget about the NC State Wolfpack’s magical March run. Led by Miracle Mike and the two DJs, the resilient Wolfpack found a way to win five games in five nights, defeating in-state rival UNC to claim the ACC tournament trophy.

• ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

  Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite growing anti-ESG sentiments, there has been continued progress in several important ESG disclosure areas, including greenhouse gas (GHG) emissions, and employee diversity, as demonstrated by their increasing comprehensiveness.

• 2024 Data Privacy Jobs Report

  LETTER FROM TRU’S CEO - The data privacy industry no longer has a talent shortage problem ­— we have a job shortage problem. TRU estimates in the years following the COVID-19 pandemic, between 2020 and 2022, approximately half to two-thirds of the industry changed jobs. By the end of 2023 the volume of available job opportunities had decreased by almost 60% from the prior year. Global macroeconomic factors such as volatile stock prices, interest rate hikes, fear of a recession, lack of aggressive regulatory enforcement, and the uncertainty in the United States of an upcoming election year made direct-hire headcount approvals for data privacy professionals elusive throughout 2023, forcing privacy hiring authorities to expect and ask more from their existing staff or find alternative means of acquiring talent.

• 2024 Guide to DOJ and HHS OIG Guidance on Effective Compliance Programs

  The Department of Health & Human Services’ Office of Inspector General (HHS OIG) and U.S. Department of Justice (DOJ) have published important guidance and recommendations for pharmaceutical companies to develop and implement effective compliance programs. Both HHS OIG and DOJ have made it absolutely clear that robust, multifaceted compliance programs are a must for pharmaceutical companies.

• Proskauer Hedge Fund Trading Guide 2024 – Chapter 2: Insider Trading: Focus on Subtle and Complex Issues

  Proskauer’s Hedge Fund Trading Guide offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It is written not only for lawyers, but also for investment professionals, support staff and others interested in gaining a quick understanding of the recurring trading issues we tackle for clients, along with the solutions and analyses we have developed over our decades-long representation of hedge funds and their managers.

• Health Care Fraud and Abuse 2023 Year in Review

  Introduction - Polsinelli proudly introduces the Health Care Fraud and Abuse 2023 Year in Review, a comprehensive examination of the evolving landscape surrounding the False Claims Act (“FCA”) and fraud & abuse enforcement efforts in the United States. Since its significant amendments in 1986, the FCA has stood as a formidable tool in combating health care fraud, with the Department of Justice reclaiming over $75 billion in allegedly fraudulent proceeds. The focus remains steadfast, with ongoing enforcement initiatives displaying no signs of abating.

• Data Privacy + Cybersecurity Insider - April 2024

  CYBERSECURITY HC3 Warns Health Sector About Social Engineering Attacks Against IT Help Desks - The Health Sector Cybersecurity Coordination Center (HC3) recently issued an Alert warning that “threat actors employing advanced social engineering tactics to target IT help desks in the health sector and gain initial access to target organizations” has been on the rise.

Featured documents

• Gallion v. Alabama Market Centers

  The Alabama Supreme Court held that the referral sales program in question was not an investment contract subject to regulation as a security. The state security statute was modeled after the federal statute and the Alabama court used the US Supreme court interpretation of an investment contract in ...

• Can an appellate court order a trial court to vacate a temporary injunction when either party in a full trial on the merits may challenge the injunction?

  The Texas Civil Court of Appeals held that they could not order the trial court to dissolve the injunction, and that the injunction was not improperly issued because either party could challenge it in a full trial on the merits. In arguing its appeal, Wesware claimed that the injunction was in...

• Is the issuance of notes on a due debt in order to reserve funds for operations a sale of investment paper?

  Continental Commodities ran afoul of the SEC, and was required to reimburse its former clients. For certain large clients, Continental issued 60% refunds and promissory notes for the remaining 40%, reserving cash for operations and legal fees. In exchange, these clients promised not to sue...

• Colorado v. Blair

  Blair was convicted of willfully selling unregistered securities in violation of Colorado law. He was director of several charitable organizations that operated as a single unit and paid out investment gains with funds received from new investors. Blair appealed his conviction arguing that the...

• Is a scheme a "common enterprise" if the factor linking the fortunes of the parties is at the option of one of the parties?

  Golden State Home Loans (GSHL) was a broker and servicer of loans secured by deeds of trust on real property. The Wrights invested in GSHL's loans. GSHL had a policy of advancing payments to its investors if the mortgagee paid late, at GSHL's option. GSHL ran into financial difficulty, eventually...

• Is the New Mexico state multilevel sales act an unconstitutional restraint of speech or unconstitutionally vague?

  The Mexico Court of Appeals ruled that the statute was constitutional on both grounds. The promotion of the Rocky Mountain Traders Future Millionaires Society was commercial speech. Commercial speech is not afforded the same protection as other types of speech and may be restricted to protect the...

• Is an "airplane scheme" a pyramid sales structure under Alabama law?

  The Alabama Supreme Court held that an airplane scheme was a pyramid sales structure and constituted a deceptive act under state law. The airplane "flew” primarily based on the inducement of others purchasing the right to induce third parties to join the scheme. The sale of rights in this manner...

• Henry v. Ford

  The Court ruled that the anti-pyramid statute does not allow the recovery of losses similar to the anti-gambling statute. Pyramid programs are illegal under statute, and New York courts will not allow recovery under illegal enterprises. The anti-gambling statute allows recovery of gambling losses...

• Products sold to treat certain symptoms, such as hair loss in men, may attract the attention of the Food and Drug Administration as well as the FTC.

  Nature's Bounty agreed to stop manufacturing products and selling them with names that implied the product treated the common symptoms unless Nature's Bounty had competent and reliable scientific evidence to substantiate their claims. Further, Nature's Bounty was enjoined from marketing a product...

• Reliable scientific support is required for any product effectiveness claims.

  The FTC alleged that Leeka Products and Rogerio Monteiro and Eliana Crema made false or misleading claims in promoting a weight loss supplement and a hair loss supplement. The FTC claimed that the company represented that Chromium Picolinate was effective in burning fat, when reliable and competent ...