Building A State- of-the-Art Anti-Bribery Program
February 27, 2006
Anti-bribery laws have serious consequences for ordinary companies doing business internationally. Violations come to light during routine M&A due diligence, when competitors complain or employees blow the whistle, or when companies voluntarily disclose as a part of their Sarbanes-Oxley reporting obligations. When they do come to light, strong internal controls may shield executives from some liability and restore confidence amongst shareholders and regulators. <br>To mitigate the risk arising out of events like these, every company operating internationally should have a compliance program. The critical elements of a robust program are clear. With the right combination of leadership, training, and follow-up, companies can increase their chances of preventing or catching employees determined to break the law. An effective anti-bribery program need not be expensive or labor-intensive, but it does require management commitment, a systematic roll-out, widespread training, and diligent follow-up.
Libeling Lawnmowers?
February 27, 2006
The tort of commercial disparagement falls generally within the penumbra of libel and slander-related claims, although it is overshadowed by the more commonly recognized version of the tort relating to personal claims (like those celebrities frequently bring against supermarket tabloids). Yet not only are claims based upon the libeling of an object a legitimate cause of action, they can result in verdicts for plaintiffs. A better understanding of this little-known tort is necessary if a company is to evade the risks it poses.
Creating an Effective In-House Resource Guide
February 27, 2006
Living in the technology age, we are besieged by information: constant "breaking stories" on 24-hour news channels, e-mails at all hours to our handhelds, and phone calls to our cells. To remain competitive, companies have also followed the trend, providing reams of information and data to workers. As a result, employees now grapple with information overload and must evaluate and prioritize what information to read, disseminate and store, and what information to discard. This is a particularly significant problem for in-house counsel who must ensure that all employees have access to -- and know about -- information that is key to the operation of the company. More importantly, much of this information is meant to keep the company out of the courtroom and facing down litigation. So what's an in-house counsel to do?
Does Product Liability Law Make Economic Sense?
February 07, 2006
Does product liability law make economic sense? Ask a random group of economists and you will get, in all probability, three basic answers: 1) yes, sort of; 2) no, sort of; and 3) maybe, it depends.
Indemnification in Drug and Device Cases: Avoiding Future Problems
February 07, 2006
Contractual indemnification arises in products liability litigation in many contexts other than insurance contracts. Agreements between companies and agreements between product manufacturers and physicians and pharmacies are among the most commonly encountered indemnifications in drug and device product liability litigation. Each situation raises practical concerns for counsel representing a pharmaceutical or device manufacturer. How the indemnification provisions are drafted can be important to the client's bottom line and ability to manage litigation. This article discusses some of the practical and litigation strategy considerations that can arise when contemplating entering an agreement for indemnification.
Practice Tip: First-of-a-Kind Accidents ' Evidentiary Considerations
February 07, 2006
Many successful trial specialists consider "other similar incidents" evidence ("OSI") to be among the most powerful weapons intended to persuade juries that the product in question is truly defective. If they are used, however, two things are necessary: evidence to support the incidents, and careful scrutiny, not only for the familiar standards of so-called "substantial similarity," but also for true relevance, probativeness and potential for prejudice.
New York Ruling Reveals Third-Party Liability Trend
February 07, 2006
In the emerging issue of third-party liability, recent rulings by the high courts of New York state and Georgia, and a case pending before the New Jersey Supreme Court, may provide some insight as to the direction other state supreme courts may follow.
Case Notes
February 07, 2006
Highlights of the latest product liability cases from around the country.
Online: Occupation Safety Information Is Abundant Online
February 07, 2006
Visit <i>www.occupationalhazards.com</i> for everything you ever wanted to know about occupational safety, health and loss prevention. This month's column covers some of the many features offered by the site.
When Technology Doesn't Work
February 03, 2006
The traditional wisdom, "failing to plan is planning to fail," has been transformed into a rule of thumb for the tech sector: "plan for failure." Firms that do not explicitly anticipate systems failure run the risk of being unprepared for a catastrophe, just as Floridians must plan for hurricanes in August ' and New Orleans must now be prepared for potential dike breaches.
