The U.S. Supreme Court on Tuesday significantly expanded legal protection for corporate whistleblowers, making it clear for the first time that thousands of workers in the mutual-fund industry and other private companies are protected from retaliation for reporting fraud.
Investors each year have lost an average of $39 billion from securities class action lawsuits to collect only about $5 billion in settlements per year since the enactment of the Private Securities Litigation Reform Act in 1995, according to a U.S. Chamber Institute for Legal Reform study released Friday.
In his Corporate Crime column, William F. Johnson, a partner at King & Spalding, writes: As the U.S. Securities and Exchange Commission rolls out new policies to enforce violations of securities laws, no matter how small, and to seek admissions from defendants in more settled cases, the SEC's ability to prove what it believes will be tested. Recent trial results have suggested more belief than proof.
In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: In the wake of 'Fisker Automotive', secured creditors may think twice before acquiring secured debt with a view towards using that debt as acquisition currency through credit bidding.
Another major front in the war between plaintiffs and corporate defendants over the high costs of litigation has opened up in an obscure corner of judicial bureaucracy: proposed changes to the Federal Rules of Civil Procedure.
Defying expectations, the U.S. Supreme Court declined on Monday to hear arguments that it should dismantle two class actions over allegedly defective Whirlpool Corp. washing machines. The cert denial is a big win for plaintiffs lawyers and consumer advocates, who have found themselves in the high court's crosshairs for years now.
The shareholder proposals ask two banks' boards to identify employees with the ability to expose them to major losses because of their portfolios and bonus incentives, but the SEC found they were too broadly written.
A recent decision relating to the abandonment of a security has significant implications for the tax treatment of losses arising on the abandonment of all sorts of property, whether or not constituting "securities."
One month after Time Warner Cable rejected a takeover bid as "grossly inadequate," the nation's second-largest cable company has attracted a better offer. Also, generic drug maker Actavis has said it will buy Forest Laboratories.
The National Security Agency has dropped its claim that a designer's merchandise, including a t-shirt with an altered NSA logo that said "The NSA: The only part of the government that actually listens," violated the federal law that restricts the use of the agency's name and seal.
The Coca-Cola Co. is jumping on the at-home beverage-making trend by agreeing to pay $1.25 billion for a stake in Green Mountain Coffee Roasters and the opportunity to develop a countertop system for producing cold drinks that would likely compete with current market leader SodaStream.
Apple Inc. lost its bid to stop court-appointed e-books monitor Michael Bromwich in his tracks, at least for now. But Apple's lawyers at Gibson, Dunn & Crutcher nevertheless succeeded Monday in curtailing Bromwich's authority as they continue fighting the government's antitrust case.
In their Jurisdiction column, Linklaters' Paul Hessler and Rajeev Raghavan review the Supreme Court's decision in 'Bauman' and its effect on two pillars of New York's general personal jurisdiction jurisprudence: the "agency" theory and the "doing business" test.
In their Secured Transactions column, Mayer Brown partners Barbara M. Goodstein and Ann Richardson Knox examine recent developments in the subscription credit facilities market, including that some facilities are now forgoing investor consent letters and the expansion of the collateral for these facilities beyond capital call commitments to the actual investments acquired by the funds.
British medical technology company Smith & Nephew has agreed to pay $1.7 billion in cash to acquire ArthroCare, which makes devices used for soft tissue repairs and joint procedures. Also, Entegris has agreed to buy ATMI, a rival supplier of materials to the semiconductor industry, in a deal worth $1.15 billion.
The Second Circuit heard oral arguments Tuesday on Apple's request to shut down a monitor reviewing the company's antitrust procedures until the court decides whether his appointment is appropriate and suggested they may allow the monitor to proceed after limiting his duties.
Faced with claims that Goldman Sachs & Co. saddled a federal credit union with toxic securities, Goldman's lawyers at Sullivan & Cromwell unearthed a long forgotten arbitration agreement that they hoped would offer a quick escape.
Two years after the collapse of its attempted takeover of rival Vulcan Materials, Martin Marietta Materials said Tuesday it will pay $2.7 billion to acquire Dallas-based cement-maker Texas Industries. Also, China's Lenovo Group has agreed to acquire the IBM's low-end server division for $2.3 billion.
The SEC's agenda this year includes the conclusion of all major investigations connected to the 2008 financial crisis, more admissions of guilt in settlements with the agency, and new tools and new regulations intended to combat financial fraud and ensure market integrity, Mary Jo White said Monday.
In a Taxation article, James E. Kellett and Seth T. Perretta of Crowell & Moring discuss recent guidance that will limit today an employer's and employee's ability to utilize the current federal income and payroll tax advantages for employer-paid health care, and provide a brief overview of these new rules and their implications to common employer-sponsored arrangements.
The FCC once again has come up short in its attempt to regulate broadband Internet service providers, but the decision last week by a divided panel of federal appellate judges in some ways also strengthened the agency's hand—and sets the stage for a potentially epic showdown over new rules.
In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write: The current cultural emphasis on transparency and disclosure has contributed to an atmosphere in which sensitive corporate information is increasingly difficult to protect. There is limited statutory or case law to guide boards and directors in this area, and there exists a range of opinions among market participants and media commentators as to whether leaking information is problematic at all.
Southern District Judge Denise Cote on Monday denied Apple's requests that she disqualify Goodwin Procter's Michael Bromwich, whom she appointed as antitrust monitor, or suspend his duties pending Apple's appeal of her final judgment that the company fixed prices for e-books.
Japanese brewer and distiller Suntory has reached a deal to buy Beam, the maker of Jim Beam and Maker's Mark, in a cash deal worth roughly $16 billion, including the assumption of debt. Also, specialty pharmaceutical company Forest Laboratories said last week it has agreed to pay $2.9 billion in cash to acquire Aptalis Pharma.
In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and Director of its Center on Corporate Governance, writes about the U.S. Supreme Court's coming decision in 'Halliburton v. Erica P. John Fund', which may overrule the "fraud on the market" doctrine that was announced over a quarter century ago in 'Basic v. Levinson'.
Three new Foreign Corrupt Practices Act reports from Gibson Dunn, Hughes Hubbard and Shearman & Sterling say that prosecution of corporations for overseas bribery will continue at a healthy clip in 2014, with increasing criminal penalties and more cooperation from other countries.
Five years after assuming management control of Chrysler Group when it emerged from bankruptcy, Italian automaker Fiat has struck a deal to buy the 41.5 percent stake in the company it did not already own.
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz writes: Sarbanes Oxley's creation of a new category of federal whistleblowers is now more than 10 years old, and Dodd-Frank's expansion of those rights is going on four years, but the rights of individuals to bring whistleblower claims, the appropriate standards of proof, and how employers may defend these claims, continue to bedevil litigants and the courts. The year 2014 is likely to be a watershed one for resolving a number of these key issues.
Southern District Judge Naomi Reice Buchwald, who gutted federal LIBOR class action litigation back in March, ruled Monday that she has jurisdiction over two high-profile investor state lawsuits filed against banks that set the LIBOR interest rate.
Steven M. Witzel, a partner of Fried, Frank, Harris, Shriver & Jacobson, writes: Binding plea agreements can serve as a means to provide some certainty in post-'Booker' sentencing. As such, the manner in which courts review such agreements and permit victims to voice their objections and have input will effect how prosecutors, defense counsel, and defendants approach plea bargaining.
In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: Poison put provisions trigger full payment of debt at face value upon certain events such as a change in a majority of the board of directors unless a majority of the new board consists of incumbent directors or directors approved by the incumbent directors. These provisions are usually intended to protect lenders. However, poison put provisions also have the potential effect of making the target less attractive to a corporate raider or a white knight by imposing costs on a change in control.
Shareholder claims against Nasdaq OMX Group Inc. over Facebook Inc.'s botched IPO will move forward after a federal judge found that the exchange was not immune from liability over the technical glitches that occurred that day.
Sysco Corporation said Monday it will buy rival food distributor US Foods in a deal worth $8.2 billion once assumed debt is factored in. Also, SAC Capital Advisors has agreed to sell its SAC Re reinsurance arm to an investor group led by former Marsh & McLennan CEO Brian Duperreault.
Justice Department officials regularly tout the long reach of the FCA, a law that one top DOJ lawyer once described as "quite simply, the most powerful tool that we have to deter and redress fraud." Critics now are pushing reforms on Capitol Hill, arguing the law is ineffective in preventing fraud. In the push for change, one voice is standing out: David Ogden.
In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write: It may come as a surprise that the transfer of a business to a corporation for a combination of stock and cash may lead to a worse result in terms of character of income (more specifically, to ordinary income rather than capital gain) than would a sale to the same assets to an unrelated third party. A recent Tax Court memorandum decision illustrates how this might occur.
Regulators released the massive rule barring banks from making short-term proprietary trades, while exempting certain activities including market-making, on Tuesday. Given the rule's scope and magnitude, lawyers warn that legal challenges are practically inevitable.
In his Corporate Litigation column, Simpson Thacher & Bartlett partner Joseph M. McLaughlin reviews a Delaware Court of Chancery opinion adopting a bright-line rule that any attorney-client privilege attached to pre-merger communications pass to the acquirer in the merger unless the merger agreement provides otherwise, rejecting the New York approach to post-merger privilege.
By By Alan M. Christenfeld and Barbara M. Goodstein
In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: When structuring secured loans, lenders frequently say that their borrowers and any guarantors must grant a security interest in all of their assets to secure the debt. Term sheets for such financings often describe the collateral to be provided as being "all assets." Despite their all-inclusive appearance, however, "all asset" security interests—commonly called "blanket liens"—are subject to various exclusions.
Consumer marketing and branding company Authentic Brands Group has acquired the licensing rights to Elvis Presley and Muhammad Ali from Core Media Group, and CVS Caremark has entered into an agreement to buy Apria Healthcare Group's Coram infusion therapy business for approximately $2.1 billion in cash.
In a motion filed in the Southern District, Theodore Boutrous Jr. of Gibson Dunn & Crutcher advanced a novel and untested argument in hopes of dismissing consumer antitrust claims against Apple brought by nearly three dozen state attorneys general: that 'Hollingsworth v. Perry' prohibits the A.G.s from pursuing the case because they don't have standing.
On Nov. 15, the U.S. Supreme Court announced that it had granted certiorari in 'Erica P. John Fund v. Halliburton,' and will review the validity of the fraud-on-the-market theory, which allows plaintiffs to establish the necessary element of reliance at the class certification stage.
The 2013 In-Depth Top General Counsel Compensation Report by Equilar Inc., a provider of executive compensation data and governance tools, shows that general counsel in the Fortune 1000—particularly in certain industries—are doing pretty well for themselves.
In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and Director of its Center on Corporate Governance, writes: Many are disappointed (and even angry) that "few high level executives" have been prosecuted (criminally or even civilly) in connection with the 2008 financial crisis. The SEC still has some diehards who maintain that fraud has been fully prosecuted, but, even there, attitudes are changing. Even if the SEC is presenting itself as a more aggressive enforcer under its new chair, questions remain about whether its behavior has truly changed.
Marc S. Roth, a partner at Manatt, Phelps & Phillips, and Edward Kabak, the chief legal officer of the Brand Activation Association, write: Advertising industry lawyers who were hoping for landmark cases in 2013 have been sorely disappointed. However, despite a dearth of monumental developments, the past year had its share of significant matters, as the FTC continued its active enforcement of industry practices in emerging areas such as social media and mobile marketing, while issuing key guidelines in new areas of focus.
In a sometimes caustic 105-page decision issued on Tuesday, Southern District Judge Victor Marrero refused to dismiss an investor class action against MF Global Holdings Ltd.'s underwriters and directors, including former CEO Jon Corzine, who had claimed that there's no conceivable way they violated securities laws.
As part of its recently stated goal of shedding some of its smaller businesses in order to focus on high-performing core units such as pharmaceuticals, eye care and generic drugs, Novartis said Monday it has agreed to sell its blood transfusion diagnostics unit to Barcelona-based health care company Grifols.
In his Corporate Crime column, William F. Johnson of Fried, Frank, Harris, Shriver & Jacobson writes: Recovery of a 36-story Fifth Avenue skyscraper is just one example of a slew of recent high-dollar forfeitures. Counsel should be aware of this trend, and become familiar with the most "sweeping and powerful" of the federal civil forfeiture statutes involving money laundering, 18 U.S.C. §981(a)(1)(A).
After weighing the case for a month, the U.S. Supreme Court finally signed off Monday on a $9.5 million settlement of a Facebook class action that leans heavily on cy pres relief. But Chief Justice John Roberts also served notice that the high court is on the lookout for a case to determine "when, if ever, such relief should be considered."
After it got sued for using the Beastie Boys as the soundtrack to a promotional video without the band's permission, energy drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting DJ. That tactic didn’t sit well with Southern District Judge Paul Engelmayer.
In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write: With new legislative and non-governmental initiatives around the world resulting in growing numbers of women directors and greater shareholder focus on board diversity, this issue is likely to become increasingly significant in 2014 and beyond, both in the United States and abroad.
Consol Energy said Monday it has reached an agreement to sell five of its coal mining operations in West Virginia to Murray Energy in a deal worth roughly $3.5 billion. Also, American Realty Capital Properties had to wait more than seven months, but it finally reached a deal to create the country's largest real estate investment trust in the net lease sector.
Deutsche Bank AG persuaded Southern District Judge Katherine Forrest that the plaintiffs relied on an unreliable expert witness to establish that the bank's shares traded in an efficient market in support of their bid for class certification.
Southern District Judge William Pauley III threw out an action brought under the anti-retaliation provision of Dodd-Frank by Meng-Lin Liu, a former compliance officer at Siemens China who says he lost his job after he exposed routine bribery.
AT&T has agreed to lease 9,100 of its cellphone towers and sell 600 of the units outright to Crown Castle International Corporation for a combined total of $4.85 billion in cash, and Advance Auto Parts will acquire privately held rival General Parts International in a takeover bid that will create North America's largest auto parts retailer.
Southern District Judge William Pauley III threw out an action brought under the anti-retaliation provision of Dodd-Frank by Meng-Lin Liu, a former compliance officer at Siemens China who says he lost his job after he exposed routine bribery.
In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: Unfunded pension and retiree health obligations are a frequent driver of the so-called 363 sales. But as demonstrated by the recent ruling against Japanese firm Asahi Tec following the 363 sale of its U.S. subsidiary Metaldyne, the Pension Benefit Guaranty Corporation will assert unfunded pension liability against members of the bankrupt seller's control group, even if they are domiciled offshore.
With legal battles forcing JPMorgan Chase & Co. to set aside $23 billion for litigation costs, several AmLaw 100 firms are reaping hefty legal fees for their work representing the bank, including Sullivan & Cromwell, Wilmer Cutler Pickering Hale and Dorr, and Paul, Weiss, Rifkind, Wharton & Garrison.
Del Monte Foods has agreed to sell its well-known canned fruits and vegetables business to Del Monte Pacific Limited - a separate company that sells products under the Del Monte brand in the Philippines - in a deal worth $1.68 billion. Also, lawyers from a quartet of firms have picked up roles on two big chemical transactions worth a total of $2.3 billion.
In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write about a recent Sixth Circuit affirmance of a Tax Court decision that held that amounts borrowed by an S corporation that were attributable to a bank loan made to another corporation under common control could not be taken into account by the S corporation shareholder in determining his basis for these purposes, even though book entries had been made and loan documents executed, after the funds were advanced, to categorize the loans as having been made from the affiliated corporation to the common shareholder and by that shareholder to the corporation incurring the losses.
In his Corporate Litigation column, Simpson Thacher & Bartlett partner Joseph M. McLaughlin analyzes Delaware's continuous ownership rule, which states that a shareholder derivative plaintiff loses standing to seek relief on behalf of the corporation if for any reason it ceases to be a stockholder, and the "fraud exception," which the Delaware Supreme Court discussed in a recent decision.
Belgian chemical giant Solvay has turned to Davis Polk & Wardwell to help it get into the shale business through its $1.3 billion buy of Chemlogics Group, a U.S. specialty chemicals company partly owned by the private investment arm of JPMorgan Chase.
Because a job candidate "did not inform Abercrombie prior to its hiring decision that she engaged in the conflicting practice of wearing a hijab for religious reasons and that she needed an accommodation for it, the [EEOC] cannot establish its prima facie case," the Tenth Circuit held.
The New York State Attorney General Eric Schneiderman says he is suing Wells Fargo to force compliance with terms of last year's national mortgage case settlement, and that he is dropping a similar action against Bank of America, which has agreed to reforms of its lending system.
The SEC won its jury trial against former Goldman Sachs & Co. trader Fabrice Tourre pretty handily in August. But the jurors did clear Tourre on one of the seven counts he faced, which has led his defense lawyers to contend that the SEC's case should have unraveled on that single failed claim.
The latest edition of a key annual law department survey indicates that the fortunes of in-house attorneys are looking a bit brighter again, after departments weathered the difficulties of the financial crisis.
By By Alan M. Christenfeld and Barbara M. Goodstein
In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: Investors' hunger for yield in the post-recession years in U.S. financial markets has led to a number of trends, and as many leveraged lending lawyers can attest, the big one in 2013 has been the proliferation of covenant-lite institutional term loans. It remains to be seen how long this market will remain hot, whether regulators will take steps to reign it in or what effects it could have on the economy if default rates rise in the future.
On Tuesday, Southern District Judge Jesse Furman followed in the footsteps of two of his colleagues by holding that Wells Fargo could be found both the perpetrator of a fraud and the institution affected by that fraud under FIRREA.
A manufacturer's campaign to collect a $26 million copyright infringement judgment against a Chinese competitor is headed for the Second Circuit - marking the company's second trip to a federal appeals court in the case.
In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write: Shareholder activism has gone from fringe to mainstream. While individual gadflies and labor union pension funds are still the most prolific sponsors of shareholder proposals, some elements of their agendas have begun to find support among traditional investors.
Roughly a month after saying it would explore its strategic options, BlackBerry Ltd. announced Monday it has agreed to sell itself to a consortium led by its largest investor, Canadian insurance company Fairfax Financial Holdings, in a deal worth $4.7 billion.
Frank "Peter" Petrella helped world middleweight champion Jake LaMotta teach actor Robert De Niro how to box for the Academy Award-winning film Raging Bull. Now Petrella's daughter is taking those fight lessons into a different arena—the U.S. Supreme Court.
With a statute of limitations deadline looming, the number of lawsuits filed by the FDIC against directors and officers at failed banks outpaced totals for each year since 2010, according to a report released Monday.
John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School, examines the SEC's new policy toward when "bad actors" can use the vastly expanded Rule 506 and how these rules will likely be gamed.
In her Employment Covenants column, Jennifer B. Rubin, a member of Mintz Levin, writes: While many people hired in today's market are subject to some post-employment covenants, that doesn't mean an employee subject to restrictions presents any more of a litigation risk than a contractually unrestricted new hire. If problems arise, they often occur because of a lack of clear communication, misunderstandings regarding what property is (or is not) owned by a former employer or simple but avoidable mistakes in the departure process.
Private equity firms TPG Capital and Warburg Pincus announced Monday they would sell luxury retail chain Neiman Marcus to investment firm Area Management and the Canada Pension Plan Investment Board for $6 billion.
In his Employment Issues column, Philip Berkowitz of Littler Mendelson writes: These days, U.S. employers may be sued for alleged sexual harassment that occurs anywhere in the world, if the employee is a U.S. citizen. But in a recent Southern District case, the plaintiff employee was employed not by the defendant, but by a local Netherlands Antilles company, which was, in turn, a subsidiary of a Bermuda company, of which the defendant was also an affiliate.
In what is the third-largest M&A deal in history, Verizon Communications will pay $130 billion to acquire joint venture partner Vodafone Group's 45 percent stake in Verizon Wireless, while Microsoft Corp. announced it will buy Nokia's mobile phone business for $7.2 billion.
In his Corporate Crime column, Steven M. Witzel, a partner of Fried, Frank, Harris, Shriver & Jacobson, writes: A survey of deferred prosecution agreements and non-prosecution agreements shows that the DOJ continues to reward (and expect) corporations to waive privilege. Corporations that voluntarily choose to waive privilege should receive credit for that decision, but a recent decision recognized that prosecutors have the capacity to overreach in negotiating DPAs and NPAs.
In their Investor Issues column, Eric R. Komitee, general counsel at Viking Global Investors, and Michael A. Asaro, a partner at Akin Gump Strauss Hauer & Feld, write: For years, sell-side brokerage firms have arranged, for compensation, meetings between managers of publicly-traded corporations and institutional investors. This practice - commonly referred to as "corporate access" - has recently attracted an increasing amount of attention. While there may be few clear directives regarding this area, the one thing that appears likely is that scrutiny of the practice of corporate access will increase over time.
U.S. District Judge Denise Cote, revising the remedies that government lawyers proposed after their antitrust victory last month, noted that while competition must be restored in the e-book market, the court isn't authorized to punish Apple.
The health care industry's latest corporate takeover features the world's largest biotechnology company, Amgen, agreeing to acquire Onyx Pharmaceuticals and its portfolio of cancer-fighting drugs for $10.4 billion. Also, BATS Global Markets, the nation's third-largest stock exchange, confirmed Monday that it intends to acquire Direct Edge Holdings LLC.
Swedish engineering company Atlas Copco is inhaling the U.K.'s Edwards Group, announcing that it has agreed to pay up to $1.6 billion to acquire the supplier of industrial vacuums. Also, Paulson & Company will purchase Steinway Musical Instruments for $512 million.
A settlement with hedge fund manager Philip Falcone, who acknowledged he loaned himself $113 million to pay a tax bill and favored redemption requests by certain clients, appears to be the first requiring an admission of wrongdoing since Mary Jo White took over as SEC chair in April.
In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: A company searching for debt relief with the support of an overwhelming majority of its debt holders may have an option to bind dissenters even when Chapter 11 is not available, provided that the company has ties to England sufficient to utilize an English law scheme of arrangement. The evolution of this alternative, often premised upon the choice of law of the relevant debt documents, will have wide ranging effects on debt investors looking to acquire a position to influence or block restructuring of a company’s debt.
The company that makes the ubiquitous handheld device used by many lawyers and staffers, BlackBerry Ltd., has turned to its longtime outside counsel at Skadden, Arps, Slate, Meagher & Flom and Canadian firm Torys to help explore its strategic options.
When the merger was first announced in February, many anticipated it would be approved, largely because the DOJ had already signed off on combinations involving Delta and Northwest and United and Continental. But those earlier consolidations complicated things for the current merger.
In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that a recent holding raises the stakes as to what may be lost by a bank if it issues a Form 1099-C with respect to a debt that has not otherwise become unenforceable, and makes it more difficult for the creditor to decide that it wishes to avoid any risk of penalties and will therefore issue Form 1099-C at the earliest possible time.
In their Privacy Matters column, Richard Raysman, a partner at Holland & Knight, and Peter Brown, the principal at Peter Brown & Associates, discuss new practices and technologies - some of which cross ethical norms - that do not neatly fit within the boundaries of existing privacy laws.
In their International Employment column, Erika C. Collins and Michelle A. Gyves of Paul Hastings provide an overview of considerations for employers in rolling out "Bring Your Own Device" policies and compare the issues that can arise in several key jurisdictions around the globe with respect to such policies.