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FTC Signals Tougher Standard For Online Tracking Disclosures Image

FTC Signals Tougher Standard For Online Tracking Disclosures

Charles Kennedy

On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.

Features

Look, But Don't Log In Image

Look, But Don't Log In

Marjorie J. Peerce & Daniel V. Shapiro

Unlike an employer's internal e-mail system, which is generally understood to be under the ownership and control of the employer, personal Web-based accounts accessed at work raise new and unsettled questions about an employee's expectations of privacy.

Features

Information Management: Formalizing the Fire Drill Image

Information Management: Formalizing the Fire Drill

Annie Goranson

Today's information-rich organizations must be prepared to quickly find and produce ESI that may be relevant to a given litigation matter or request for information. The trouble is, many organizations do not have a well-thought out response plan in place, which makes the timely production of relevant information difficult, time-consuming and potentially very costly.

Features

Expanded False Claims Liability Image

Expanded False Claims Liability

Peter D. Hardy & Kaitlin M. Piccolo

Besides its changes to criminal law described in this issue, the Fraud Enforcement and Recovery Act of 2009 (FERA), signed into law on May 20, 2009, significantly increases companies' exposure to civil lawsuits brought by the government and whistleblowers.

Features

FERA Expands Enforcement Options Image

FERA Expands Enforcement Options

Howard W. Goldstein

The Fraud Enforcement and Recovery Act of 2009 (FERA), enacted in May, was easy to miss. Yet this small piece of legislation makes a number of significant changes to the federal money laundering and criminal fraud statutes ' changes about which lawyers who represent clients accused of white-collar crimes will want to be aware.

Features

Ninth Circuit Finds No First Amendment Violation in Teacher's Demotion over Blog Comments Image

Ninth Circuit Finds No First Amendment Violation in Teacher's Demotion over Blog Comments

Tresa Baldas

Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it.

Features

Virgin Advantage from a New, Near-Shore Corporate Frontier Image

Virgin Advantage from a New, Near-Shore Corporate Frontier

David Zumwalt

With bona fides now suitably established, is it possible to actively leverage the USVI's fiber and bandwidth assets to deliver greater competitive and stakeholder advantage to the enterprise? Yes it is; an economic development program chartered in law by the USVI government, sanctioned under U.S. Treasury regulations and managed by the University of the Virgin Islands Research and Technology Park ("RTPark"), may be of particular interest to e-commerce and other knowledge-based businesses.

Features

Off-Label Promotion of Drugs and Medical Devices Image

Off-Label Promotion of Drugs and Medical Devices

Michael Kendall & Nicole Colby Longton

A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.

Features

Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation Image

Federal Courts Adopt Narrow Constructions of Sarbanes-Oxley Legislation

Robert S. Reder & Matthew A. Thiel

A look at recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of SOX. These rulings may provide insight into how Federal Courts will apply any broad powers granted by a looming round of legislation.

Features

Non-Compliance with the Opt-Out Provisions of the CSSA Image

Non-Compliance with the Opt-Out Provisions of the CSSA

Thomas A. Elliot

An in-depth review of case law relating to this all-important issue.

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