Features
Information Management: Formalizing the Fire Drill
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
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
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
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
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
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
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
An in-depth review of case law relating to this all-important issue.
Features
New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks
Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.
Features
Coverage for Environmental Compliance Costs
With the financial crisis occupying the Obama administration, the anticipated barrage of new environmental laws, policies, and regulations has yet to materialize. When the switch is turned on, however, the costs to policyholders are likely to be substantial, and just as likely, policyholders will test whether some of those costs can be passed on to their carriers.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
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