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The Brave New World Of e-Workplace Privacy PoliciesInternet Law & StrategyPart One of this article, last month, examined the liability involved with social media and e-mail use. Part Two discusses implementing compliant and defensible workplace policies.
Promoter Wins Attorney Fees for Challenging Truth-In-Music LawEntertainment Law & FinanceNew Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its "truth-in-music" law. The U.S. Court of Appeals for the Third Circuit held in Singer Management Consultants Inc. v. Milgram that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.
Unconstitutional Burdense-Commerce Law & StrategyRecord-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Expanded Criminal Enforcement in the Financial-Services IndustryBusiness Crimes BulletinSince the economic meltdown began in 2008, the media have waged a relentless attack on the financial industry as the greedy culprit. "So where are all the prosecutions that we were promised?" the white-collar bar has wondered.
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2009 FMLA RegulationsEmployment Law StrategistThe 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 Dont Log InInternet Law & StrategyUnlike an employers 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 employees expectations of privacy.
The Definition of Management-Level Employee Under Title VIIThe Corporate CounselorThe 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 LegislationBusiness Crimes BulletinComplex 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").
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Theres No Longer a Fit'Unlike the effective handling of associates terminations, many firms do not have standardized policies and procedures in place for terminating partners.
Dodd-Frank Ushers in New Requirements for Public Companies and Their BoardsOn July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.
Tenth Circuit Rules on Temporary WorkersIn a case of first impression, the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the ADA.
e-Discovery RevisitedThis article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.
The Assault on Traditional Long-Arm Jurisdiction ContinuesA review of Nicastro v. J. McIntyre Machinery America, Ltd., in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
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