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The 'Going and Coming' Rule
Under the “going and coming rule,” an accident that occurs off the employer's premises while an employee is going to or coming from work does not arise out of and in the course of employment. An employee's trip to and from work is a product of one's decision where to live, in which the employer has no interest. An injury that occurs while traveling to and from work is a consequence of risks or hazards to which all members of the traveling public are exposed. Those risks are not germane to the employer's work or business.
However, a traveling employee whose work involves travel away from the employer's premises is considered to be within the scope of employment, unless there is a distinct deviation so substantial that the employee abandons the job. A deviation may occur when an employee engages in a personal activity.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.