• Features

    The Continuing Evolution of the False Claims Act

    Jonathan S. Feld, Jason M. Ross and Christina C. Brunty

    The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.

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  • Features

    Using Background Checks to Hire and Retain Employees

    K. Bryance Metheny

    The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.

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  • Features

    How to Conduct Internal Investigations Efficiently and Effectively
    A Roundtable Discussion

    Internal investigations are becoming increasingly common in the modern workplace. But how, exactly, can companies conduct investigations efficiently and effectively, while still protecting innocent employees?

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  • Features

    Accidental Franchises
    When Licensing Deals Take a Surprising and Unwanted Turn

    Tamara M. Kurtzman

    There is no universal definition of a franchise; a franchise in one state may not be a franchise in another and a relationship that constitutes a franchise under federal law may not meet a state law definition of a franchise, or vice-versa. As a result of this confusing statutory patchwork, the creation of accidental franchises is a common, albeit unwelcome, occurrence.

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  • Features

    DE Chancery Court Strikes Down Fee-Shifting Bylaw

    Gary W. Lipkin, Alexandra Rogin and Justin M. Forcier

    In Solak v. Sarowitz, the Delaware Court of Chancery held that a corporate bylaw ran afoul of 8 Del. C. Section 109(b), as recently amended, where it purported to shift attorney fees and expenses to an unsuccessful stockholder that filed an internal corporate claim outside of the state of Delaware.

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