An application brought by the UK's Serious Fraud Office (SFO) for a so-called Deferred Prosecution Agreement (DPA) was approved in court in London on Nov. 30, 2015, marking a historic milestone for UK bribery and corruption enforcement as this was the first time that a DPA has been adopted.
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
Ordinarily, a defendant who wishes to assert the defense of advice of counsel must unlock the door that shields his privileged communications with counsel ,and divulge those communications to his adversary. But when the defendant is a corporate employee, he may not be able to unlock that door.
Viewing, evaluating, or even writing consumer reviews, has become a ubiquitous element of the present day Internet experience for most users. Authentic customer reviews manifest indicia of reliability and candor that are believed not to be present in reviews that are motivated by financial interest, though many review sites do contain numerous reviews from advertisers masquerading as objective consumers.
Given the speed with which information can be publicly disseminated today, employers need to act quickly but prudently when faced with alleged employee misconduct. Employers can be subject to liability for failing to investigate incidents of harassment or threats of violence, but they also may face claims that they have violated employees' privacy rights if they do not proceed carefully.
The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the in pari delicto defense as a shield to claims brought by or on behalf of the corporation.
While e-cigarette manufacturers and distributors promote the potential advances of this new technology over traditional cigarettes, the degree to which e-cigarettes are safe is the topic of great debate, and the source of litigation.
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Last August and September, we published a two-part article on the phenomenon called "manterruption." We commented on some important social research discussing men's pervasive tendency to interrupt women in group meetings or settings where the power stakes were high ("manterruption") and to appropriate women's ideas as their own ("bropropriation"). These posts triggered a torrent of response, some of which was gratifying to us and some of which was pretty bewildering.
