The Doctrine of Fair Use
November 24, 2009
The definition of fair use was recently examined by the U.S. District Court for the Eastern District of Pennsylvania in <i>Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions.</i> The court's opinion in this case provides a thoughtful and useful analysis of the bounds of fair use.
FCPA Individual-Liability Prosecutors Want YOU!
November 24, 2009
Over the last ten years, U.S. corporations conducting business outside the country have witnessed a dramatic increase in the enforcement of the Foreign Corrupt Practices Act (FCPA) and the severity of the financial penalties assessed. Now the DOJ and SEC have upped the ante.
New Burdens for Federal Contractors
November 24, 2009
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
The FTC's New Endorsement Guides
October 28, 2009
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
A New Leadership Model Is Needed
October 28, 2009
Before firms can address the changes they need to make in their management and leadership, they must identify and understand the trends and issues that have developed, and the challenges they are creating. The list is extensive.
Law Departments Putting Cost-Cutting into Action
October 26, 2009
Cost-control methods in law departments are more than just talk as cost pressures are creating a fundamental shift in the management and operation of the departments and their interaction with outside counsel, results of a recent Hildebrandt International survey suggest.
Lessons Learned: The DOJ's Crackdown on Hiring Practices
October 26, 2009
Over the past several months, the DOJ has begun investigating several leading technology companies for possible violations of the antitrust laws. One focus of the multi-faceted investigation is whether certain companies have violated antitrust laws by agreeing among themselves not to recruit one another's employees.
Document Retention and Spoliation
October 26, 2009
Corporate counsel should note recent legal developments surrounding spoliation ' the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. This violation occurs when one party intentionally or negligently breaches its duty to preserve potentially discoverable evidence.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
