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LJN's Compliance Newsletters
Archives
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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Headlines
SOPA and PIPA Put on HoldFueled 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 FDAs New Guidelines on Financial Disclosure by Clinical InvestigatorsThe 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 PublicityIt 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 OpinionSurely 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 NamesAs 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.
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