Features
Practice Tip: Expert Witness Selection
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
Features
The 2009 PhRMA Code on Interactions with Health Care Professionals
The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.
Religious Accommodations in the Workplace
On July 22, 2008, the Equal Employment Opportunity Commission ("EEOC") issued a revised Compliance Manual Section regarding religious discrimination in the workplace. This article provides a general overview of the Manual and examines its guidance on the definition of "religion" as well as an employer's obligation to provide a reasonable accommodation.
'Protected Activity' Under Title VII
Is an employee who cooperates in an employer's internal investigation of sexual harassment is protected by the opposition and participation clauses of Section 704(a) of Title VII. 42 U.S.C. ' 2000e-3(a)? A review of the Supreme Court's ruling in <i>Crawfordv. Metropolitan Government of Nashville and Davidson County, Tennessee.</i>
SEC Enforcement Settlements to Hit Three-Year High
U.S. Securities and Exchange Commission enforcement action settlements were expected to hit a three-year high in 2008, according to a new study released by a New York economic consulting firm. Here are the statistics.
Finding Your Way Through Discovery By Data Mapping
There are ways that in-house counsel can proactively prepare for litigation and regulatory and compliance issues, easing the burden of discovery while increasing the defensibility of their processes and procedures. Developing a data map of an organization's information flow is one important step.
Turning a Legal Department into a Profit Center
Mr. Speelman discusses how he has transformed the company's legal department into a profit center with an aggressive strategy to fight unwarranted lawsuits and pursue plaintiff actions in B2B disputes when appropriate.
Company Confidential
Many employers mistakenly believe all of their information is "confidential" under the law. These overbroad notions actually do a disservice to companies ' making it increasingly difficult for courts to determine what is truly confidential and deserves legal protection.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1. It also examines some recent decisions of interest.
Features
New FMLA Regulations: What Every Employer Should Know
In November 2008, the U.S. Department of Labor published revised regulations to the Family and Medical Leave Act (FMLA or the Act) for the first time in the Act's 15-year history. The much anticipated regulations are over 750 pages long and take effect on Jan. 16, leaving scant time for employers to implement new procedures to comply with the law. The most significant of these changes are addressed herein.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
