As thoughts turn toward summer vacations, and then the ultimate re-emersion into “office normalcy,” this may seem like a good time to take a break from compliance cares, litigation woes and regulatory and prosecutorial initiatives. But, alas, that might be short-sighted. While business men and women can take vacations, and relegate their problems to the proverbial “back burner,” their critical business issues and problems won’t be taking a vacation from them. This makes it critical to plan ahead, and also to consider what lies ahead.
About three decades ago, in Ernst & Ernst v. Hochfelder, the Supreme Court considered ...