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Features

Evolving Online Advertising Techniques Image

Evolving Online Advertising Techniques

Alan L. Friel

The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.

Features

Privacy and Online Data Collection: At a Crossroads? Image

Privacy and Online Data Collection: At a Crossroads?

Stuart D. Levi & Jonathan Hillel

During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.

Features

Closing the Profit Motive in the CAN-SPAM Act Image

Closing the Profit Motive in the CAN-SPAM Act

Richard Raysman & Peter Brown

Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.

Features

FDA Enforcement Against Pharmaceutical Companies in the Product Promotion Arena Image

FDA Enforcement Against Pharmaceutical Companies in the Product Promotion Arena

Alan Minsk

In his "Reason in Common Sense, The Life of Reason (Vol. 1)", George Santayana wrote: "Those who cannot remember the past are condemned to repeat it." We all can benefit from reviewing the lessons learned from past mistakes, whether committed by ourselves or others. The medical device industry would be well-served in heeding Santayana's warning; review of the Food and Drug Administration's enforcement in the pharmaceutical promotion area could offer insight into how it might minimize…

Features

A Refresher on USERRA with Recent Developments Image

A Refresher on USERRA with Recent Developments

Eileen Carr Riley & Gil Abramson

It remains to be seen how the Supreme Court will rule on its first USERRA case this spring, but a review of compliance with USERRA should be every employer's priority.

Features

DOL Issues Final Regulations on Mandatory Fee-Disclosures Image

DOL Issues Final Regulations on Mandatory Fee-Disclosures

Marcia S. Wagner

On Oct. 14, 2010, the Department of Labor (DOL) finalized its regulations concerning the fee and investment-related disclosures that must be provided to participants in 401(k) plans and other defined contribution plans with participant-directed investments.

Features

New Law Cracks Down On Deceptive Third-Party e-Commerce Practices Image

New Law Cracks Down On Deceptive Third-Party e-Commerce Practices

Michael Lear-Olimpi

A new layer of federal oversight should help protect consumers and ethical e-commerce companies against misleading and name-tarnishing activities of outlaw e-tailers who have ripped off thousands of U.S. consumers. On Dec. 29, President Obama signed the Restore Online Shoppers' Confidence Act, introduced in the Senate early last year by Sen. John D. Rockefeller IV (D-WV), chair of the Senate Committee on Commerce, Science, and Transportation.

Features

Is Anyone Not a Foreign Official Under the FCPA? Image

Is Anyone Not a Foreign Official Under the FCPA?

Jacqueline C. Wolff & Nirav Shah

The DOJ has brought cases against companies and individuals in relation to their dealings with state-owned enterprises based on a broad reading of the term "instrumentality," a term not otherwise defined in the statute prohibiting corrupt payments to "foreign officials.

Features

Practice Tip: The SPILL Act Image

Practice Tip: The SPILL Act

Amy Rudd

Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.

Features

Sentencing of Individuals in FCPA Cases Image

Sentencing of Individuals in FCPA Cases

Gary Stein

The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.

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