LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
The SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and "hint" that a contribution to such a worthy organization would be welcome.
Features
<b><i>Sales Speak:</i></b> What's Missing in Law Firm Business Development?
With competition growing, clients terminating long-term relationships and the inability of firms to keep up with technology and marketplace changes, business development training and coaching have become mainly a palliative measure, ignoring the primary problem.
<b><i>The Voice of the Client:</i></b> Speak Up to Boost Your Marketing Profile
The author presents 15 ways to help you maximize the business development opportunities created by speaking or presenting a seminar. Most are simply common sense ' but not common practice.
When Reviewing a Lease, Consider Using Non-Legal Professionals
Many of the best attorneys understand the importance of utilizing a group of experts when they review a lease. This article focuses on two of the most frequently misunderstood areas of a lease: insurance and construction provisions.
Issues in Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Features
Policies and Procedures As a Basis for Liability
In last month's newsletter, we discussed the fact that, in some jurisdictions, evidence that medical facility policies and/or procedures were not followed may be introduced to show that its medical practitioners did not meet the standard of care. The discussion concludes herein.
'Getting' It Done Through Social Media and Other Forms of Protest
This article looks at what happens when a couple is granted a civil divorce,but one of them refuses to sign a religious divorce. What can a family law practitioner do, if anything?
Behind the SEC's Recent Crackdown on Compliance Officials
Recent comments by SEC Commissioner Daniel Gallagher were noteworthy for both their candor and the subject he raised. On June 18, he wrote that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firm's compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
Features
NLRB General Counsel Shines Guideline Light on Employer Work Rules
The NLRB's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
Features
Transgender Employees' Access to Restrooms In the Workplace
Employers with transgender employees should be aware of recent developments in the interpretation of laws for transgender employees, especially in relation to an employee's access to restroom facilities while at work. The following provides a brief explanation of the law and the steps an employer can take to ensure that all employees remain comfortable in using restroom facilities.
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