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Side-Swiped by the False Claims Act
Business Crimes Bulletin
An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.

Overreaching English-Only Policies Spell Trouble for Employers
Employment Law Strategist
English-only policies have long been criticized and targeted by the Equal Employment Opportunity Commission. Here's a look at some recent litigation.

When Does a ‘Claim’ Arise for Purposes of an Employment Practices Liability Insurance Policy?
The Insurance Coverage Law Bulletin
This article analyzes different trends in the law concerning what constitutes a "claim" for purposes of an employment practices liability insurance policy.

NY Bar Releases Ethics Opinions App
LJN's Legal Tech Newsletter
The New York State Bar Association announced the release of its free Mobile Ethics App that allows judges, lawyers and law students to access instant ethics advice from portable devices.

It’s a New Day, Relatively Speaking
Law Firm Partnership & Benefits Report
In this post-recession era, it has never been more important for lawyers to be educated and adequately equipped for new business development.

Archives
2009 FMLA Regulations
Employment Law Strategist
The DOL issued its first major overhaul of the FMLA in November. These final regulations, which became effective Jan. 16, 2009, include provisions addressing military leave entitlements created in early 2008 by the National Defense Authorization Act ("NDAA"). The new regulations also update and clarify employer and employee rights and responsibilities under the FMLA.

Look, But Don’t Log In
Internet Law & Strategy
Unlike an employer’s internal e-mail system, which is generally understood to be under the ownership and control of the employer, personal Web-based accounts accessed at work raise new and unsettled questions about an employee’s expectations of privacy.

The Definition of ‘Management-Level’ Employee Under Title VII
The Corporate Counselor
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.

Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation
Business Crimes Bulletin
Complex and systemic, the current financial crisis is nearly certain to yield extensive legislation regulating everything from the financial markets to mortgage brokers to ratings agencies. Any such legislation may raise interpretive issues similar to those that have arisen in recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of the sweeping Sarbanes-Oxley Act of 2002 ("SOX").

Top Stories
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Headlines
SOPA and PIPA Put on Hold
Fueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.

The FDA’s New Guidelines on Financial Disclosure by Clinical Investigators
The FDA has recently updated its Guidance for Industry: Financial Disclosure of Clinical Investigators for the first time since 2001. This article briefly examines the key changes and their practical implications in product liability cases.

UGC Campaigns and Right of Publicity
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.

The FCPA Opinion
Surely the most obscure feature of the Federal Corrupt Practices Act (FCPA) is the issuance and use of opinions. Here's how they work.

Recourse Strategies In the New Age of .XXX Domain Names
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure.