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Features

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

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

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?

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

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

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.

Features

NLRB Action in the Age of Facebook

Brian Herman

Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.

Features

<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?

Christine A. Edwards, Edward J. Johnsen & Jerry Loeser

Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.

Features

Child Pornography On Workplace Computers

Marjorie J. Peerce & Carolyn Barth Renzin

Possessing child pornography is such a potentially serious crime that institutions take pains to keep it off their premises. e-Commerce firms, whether they have significant physical premises or not, are no different.

Features

New York Internet Tax Law Does Not Violate Commerce Clause

Joel Stashenko

An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On 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 &amp; 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.
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