Regulation

  • Wining and Dining Foreign Officials: What's OK and What's a Crime

    In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.

    March 27, 2008David S. Krakoff and James T. Parkinson

  • FTC Staff Proposal Raises the Bar for Behavioral Advertising

    On Dec. 20, FTC staff released for public comment proposed online behavioral-advertising privacy principles in an effort to guide self-regulation of this nascent industry. The release of these Principles followed a two-day Town Hall meeting the FTC held late last year on behavioral advertising, which itself followed the FTC's Tech-Ade Workshop in 2006.

    February 29, 2008D. Reed Freeman, Jr.

  • Survey of Recent Developments in Criminal Antitrust Law

    There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.

    February 27, 2008David J. Laing

  • News Briefs

    Highlights of the latest franchising news from around the country.

    February 26, 2008ALM Staff | Law Journal Newsletters |

  • The Latest on 'No Match' Letters

    Part One of this article described the background, key provisions and legal challenges to the 'No-Match' regulations. The conclusion herein offers strategies for employers.

    February 26, 2008John D. Shyer and Phillip J. Perry

  • The Rise in Family Responsibility Discrimination Cases

    Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.

    January 29, 2008Carolyn Plump

  • The Latest on 'No-Match' Letters

    In the wake of a failed attempt to negotiate legislation for comprehensive U.S. immigration reform with Congress, the Bush Administration recently announced a series of 'regulatory' reforms to tighten immigration enforcement. Perhaps the most significant and controversial of those reforms is the Department of Homeland Security's new regulation addressing 'no-match' letters. Although the new regulation has been temporarily enjoined pending a hearing in federal court, employers should begin considering how they will comply with it if an injunction is not granted.

    January 29, 2008John D. Shyer and Phillip J. Perry

  • Sarbanes-Oxley and Open Source

    If you use software and work for or with a company subject to Sarbanes-Oxley ('SOX'), then 2007 was an interesting year for you. How interesting? I'll raise some issues arising from the intersection of the topic of software use and SOX from last year to help you keep to a minimum the risk that 2008 will be an interesting year in some very bad ways.

    January 29, 2008Sue Ross