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Feds to Corporate America: ‘The Cops Are Coming’Business Crimes BulletinOn Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
The Timing and Substance of M&A DisclosuresThe Corporate CounselorTwo recent decisions provide useful guidance concerning both the timing and substance of disclosures in the context of M&A activity.
Alternative FeesLaw Firm Partnership & Benefits ReportThe desire among senior corporate counsel and management to control costs has pushed consideration of alternative fee arrangements (AFAs) to the forefront. Some estimates suggest that within five years, as much as half the Am Law 200 revenue might come from AFAs.
Practice Tip: FDA Issues Draft Guidance for REMSLJN's Product Liability Law & StrategyOn Sept. 30, 2009, the FDA issued a draft guidance for industry on better understanding and implementing Risk Evaluation and Mitigation Strategies (REMS), which the FDA requires for certain drugs or biologics.
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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 Don’t Log InInternet Law & StrategyUnlike 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 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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The ‘New and Improved’ FTC?A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi — changes that mark a more proactive approach on several fronts.
Ticketmaster Lead Counsel on Live Nation Merger IssuesThe proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.
Lengthy Crimes, Limited Coverage: Recent Case Law Follows the ‘One Policy Limit’ ApproachThe recent decisions in Madison Materials, PBSJ, and Hartman & Tyner provide further support for the majority view that coverage for a multi-year crime is limited to one policy period despite successive policies in effect during the crime.
Circuit Court Says U.S. Tort Claims Must State Damages in ‘Sum Certain’In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
Employer’s Failure to Give Notice of Claim Bars Insurance CoverageAn increasing number of employers have begun purchasing insurance, sometimes referred to as "employment practices liability insurance" (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.
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