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Features

Harassment Action Dismissed on Foreign Sovereign Immunity Grounds Image

Harassment Action Dismissed on Foreign Sovereign Immunity Grounds

Philip M. Berkowitz

A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 <i>et seq.</i>, in a discrimination case filed against foreign governments and their agencies and instrumentalities.

Features

Protecting a Company's 'Crown Jewels' Through Employee Departure Plans Image

Protecting a Company's 'Crown Jewels' Through Employee Departure Plans

Stephen E. Fox

Employees leave their current employers every day, presumably to pursue new and brighter career opportunities. This is especially true today, as the economy seems to be picking up pace and employers find themselves needing to expand their workforces. Inevitably, some employees will go to work for competitors of their former employers. While employees have the right to seek new and better jobs, the law is equally clear that they may not do so at the expense of their former employer's business interests.

Features

In The Courts Image

In The Courts

ALM Staff & Law Journal Newsletters

National cases of interest to your practice.

Does 'Cooperation' Obscure the Truth? Image

Does 'Cooperation' Obscure the Truth?

Tai H. Park

Nowadays more than ever, accusations of business crime must be put to the test, since the stakes in this post-Enron era are at an all-time high for an accused company's survival and its executives' personal liberty and reputation. The way we test allegations in Anglo-American law is through the adversary system. Yet, just when it's needed the most, the adversary system is increasingly sidelined. For the public company, adversarialism may no longer be an option at all.

How to Make the SEC Disgorge Exculpatory Evidence Image

How to Make the SEC Disgorge Exculpatory Evidence

Michael Kendall & Scott Murray

In the post-Enron world, the SEC is ratcheting-up the stakes in many of its cases. With millions of dollars in increased funding and hundreds of additional staff, it is bringing more cases, seeking harsher penalties, and generally litigating more aggressively. If recent press releases are indicative, it is also increasingly coordinating its civil enforcement activities with criminal investigations by the Department of Justice. As one SEC district administrator stated in a recent newspaper interview: "People are looking for heads. And we're going after them."

Features

Is Bribing Foreign Tax Collectors a Federal Crime? Image

Is Bribing Foreign Tax Collectors a Federal Crime?

Irvin B. Nathan

Just when there appears to be a significant uptick in investigations for violations of the Foreign Corrupt Practices Act (FCPA), the Fifth Circuit has issued a decision that sows further confusion over the meaning of the FCPA's criminal prohibitions.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Medco Claims Settled by 20 States Image

Medco Claims Settled by 20 States

ALM Staff & Law Journal Newsletters

On April 26, State Attorneys General from 20 states announced the settlement of claims under state deceptive trade practices laws against Medco Health Solutions, Inc. (Medco), for drug switching practices. The multi-state investigation began 2 years ago in Arizona, California, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Nevada, New York, North Carolina, Oregon, Pennsylvania, Texas, Vermont, Virginia and Washington.

Features

News from the FDA Image

News from the FDA

ALM Staff & Law Journal Newsletters

News from the agency that you need to know.

NYC Alleges Pharmaceutical Companies Manipulated the System Image

NYC Alleges Pharmaceutical Companies Manipulated the System

ALM Staff & Law Journal Newsletters

The City of New York filed three lawsuits in May against drug manufacturers it claims overcharged it for pharmaceuticals. The suits, brought in three district courts, claim that GlaxoSmithKline (GSK) and Purdue Pharma L.P. kept prices artificially high on pain reliever OxyContin', antidepressant Paxil', and antibiotic Augmentin' by using false and misleading methods to extend their drugs' patents.

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