Conducting a Privacy Audit
A glance at the headlines reveals that data privacy breaches are increasingly common, and the consequences to corporations are increasingly dire. To avoid those consequences, any corporate entity that collects, uses or transfers personal information must take steps to ensure it is complying with legal requirements for maintaining data privacy.
Features
Increased Fraud Penalties Are on the Horizon
The guidelines governing the sentencing of fraud offenses ' long criticized as irrational, unduly severe, and the product of overt political pressure ' require wholesale reform.
To Disclose or Not to Disclose
Whether to self-report serious misconduct is a complicated question that requires investigating the facts and assessing legal, business and reputation implications. Following are critical issues to consider with outside counsel and other professional advisers before making a decision.
Features
<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
Third Parties: The Achilles' Heel of FCPA Compliance
The alleged use of third-party intermediaries to pay bribes to foreign government officials soared from 42% of FCPA enforcement actions in 2005 to 100% in 2011. Nevertheless, some companies may not be adapting their FCPA compliance programs quickly enough.
Features
How to Gain and Exert More Influence in the 'New Normal'
Ways that a leader at any level can directly influence the climate for high performance and creativity/innovation in an organization.
Features
The E.U. Data Protection Law
What it takes to do business in a E.U. Member State, and why you need to know.
IRS Tax Exams in the Legal Industry
Ever wonder what the IRS looks for when auditing tax returns of law firms and their owners? Here are the answers.
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MOST POPULAR STORIES
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- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
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- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
