FCPA Investigation Costs ' Are You Covered?
December 28, 2011
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products, which are intended to offset the FCPA investigation and settlement costs. These products, however, should be reviewed carefully by the companies to determine their utility in light of the companies' FCPA exposure, existing insurance, and, of course, cost.
Learned Treatises, Cross-Examination and the Hearsay Exception
December 28, 2011
In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.
Digital Marketing Under Attack
December 27, 2011
The convergence of media and technology continues to change the way we communicate, consume media and engage in commercial transactions. Marketers have been among the greatest digital media innovators and the medium has evolved as largely advertiser supported. That business model is under attack by consumer groups that argue that marketers are unfairly invading consumers' privacy and confusing consumers as to the nature and origin of commercial messages.
'You're Fired!'
December 27, 2011
A future observer of the reality shows that seem to be the only thing on television today might think that people of the 21st century lived to fire people. But people forced to do the same task in business find no such joy in having to dismiss a business leader, especially when the person being dismissed is the founder of the company ' the visionary who built it from scratch.
Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns
December 27, 2011
This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Case Briefs
December 21, 2011
Highlights of the latest insurance cases from around the country.
New Regulations Will Enhance Disclosure for Your Pension Plans
December 19, 2011
After years of study, thousands of hours of congressional testimony, hundreds of hearings and uncountable public comments, the Department of Labor issued Reg 408(b)2 and 404(a), designed to force better disclosure. With this better information, it is hoped that both plan providers and participants will make better decisions, leading to improved retirement preparation for America's workers.
Practice Tip: Pliva, Inc. v. Mensing
December 14, 2011
There is language in the <i>Mensing</i> opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.
