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Is Genetic Information the Next Privacy Battleground?
Though it has been on the books for over two decades, the Illinois Genetic Information Privacy Act (GIPA) has recently gathered steam; over 40 class actions were filed in 2023 alone.
At its core, GIPA regulates the collection and use of genetic information by employers, employment agencies, labor organizations, licensing agencies, and other entities. According to recent GIPA class-action suits, the mandating of pre-employment physicals or health interviews required potential employees to improperly disclose their family medical history as a condition of employment. GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages — $2,500 per negligent violation, up to $15,000 per intentional or reckless violation — could make GIPA the next major trend in privacy class action litigation.
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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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.