Court Says OK to Terminate Bipolar Employee
Before filing suit under the California Fair Employment and Housing Act (FEHA), an employee must exhaust her administrative remedies with the Department of Fair Employment and Housing (DFEH). An analysis of <i>Wills v. Superior Court</i>
Economic Analysis: ERISA Litigation over Fiduciary Duties
The purpose of this article is to discuss some of the important economic issues that arise in ERISA litigation, both in establishing liability and in calculating damages.
Features
NLRB Breathes New Life into Federal Labor Law
By now, everyone knows discrimination and harassment are illegal in the workplace. But how many know that employees have the right to engage in protected, concerted activities "for the purpose of ' mutual aid or protection?" Are you in violation of federal labor law?
Features
Affirmative Action Invades the Health Care Industry
Government contractor or subcontractor status has far-reaching implications and potentially dire consequences for health care providers if they are not in compliance with their affirmative action obligations.
Don't Ask and Don't Tell
Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.
Features
Staying Afloat Through the Flood
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.
Features
Where Is the Data?
If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.
Features
Quarterly State Compliance Review
This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.
SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers
The SEC recently adopted "bounty hunter" whistleblower rules that are likely to encourage employees of public companies to report potential violations of securities laws directly to the SEC, rather than in accordance with established internal company compliance and reporting procedures.
Features
Negligence Claim Precluded by Real Estate Service Contract
In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Legislative Protections Against AI Voice ScamsA wide range of tools have been developed to perform vocal cloning, leading to vocal deepfakes becoming a common source of scams and misinformation. And these issues have only been exacerbated by a lack of appropriate laws and regulations to rein in the use of AI and protect an individual's right to their voice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Join Us For a Twitter Chat: Do We Need Offices Anymore?When we think about how the COVID-19 pandemic has changed the legal industry, one (frankly huge) question comes to mind: Do we really need offices anymore? As many are still working from home, meeting with clients over Zoom and some even conducting jury trials online, life of commuting to and from work seems farther away than February.Read More ›
