Features
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
Features
Corporate Internal Investigations
This is the last of a three-part series giving companies a step-by-step guide for planning and conducting sensitive internal investigations into potential wrongdoing.
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
The Importance of Self-Regulation In Improving Digital Privacy
The National Association of Attorneys General (NAAG) has made digital privacy and online children's safety the center of its 2012-13 agenda, as the new NAAG president, Maryland attorney general Douglas Gansler, made clear in a statement in June, in announcing the "Privacy in the Digital Age" initiative.
Features
Best Practices for ERISA ' 408(b)(2) Compliance
To achieve the goals of the new ERISA laws, participants and sponsors will have access to more information which will increase the responsibility of plan sponsors to act upon the information received.
Features
The FTC Act
The pitfalls of an inadequate privacy policy; an analysis of recent litigation.
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e-Discovery and U.S.Privacy Laws
U.S. data privacy laws pose complex issues for corporations, especially in the context of e-discovery. Here's what you need to know.
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Components of a Truthful Complaint
If you've represented companies for any length of time, you've received internal complaints about a variety of workplace wrongdoings. How can you tell if the complaints are true?
Features
Domestic Commercial Bribery
While foreign bribery and corruption cases are currently getting most of the attention, this is no reason for domestic concerns to get too relaxed. Here's why.
Features
Clients in Cross-Border Investigations
This era of instantaneous cross-border communication and commerce has brought with it a corresponding increase in the application of the white-collar criminal laws of various countries to companies' international operations.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
