Company Confidential
December 15, 2008
Many employers mistakenly believe all of their information is "confidential" under the law. These overbroad notions actually do a disservice to companies ' making it increasingly difficult for courts to determine what is truly confidential and deserves legal protection.
Quarterly State Compliance Review
December 15, 2008
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1. It also examines some recent decisions of interest.
New FMLA Regulations: What Every Employer Should Know
December 15, 2008
In November 2008, the U.S. Department of Labor published revised regulations to the Family and Medical Leave Act (FMLA or the Act) for the first time in the Act's 15-year history. The much anticipated regulations are over 750 pages long and take effect on Jan. 16, leaving scant time for employers to implement new procedures to comply with the law. The most significant of these changes are addressed herein.
Peer-to-Peer May Share Some Nightmares
November 25, 2008
Unknown to corporate America, the popular peer-to-peer file-sharing networks that allow music and movies to be shared could be sharing something else with the public: company secrets and personal data.
The Perfect Storm
November 24, 2008
Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.
Separation Agreements and General Releases
November 24, 2008
While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.
DE Court Rules on Deficiencies in Proxy Materials
November 24, 2008
The Court of Chancery of Delaware recently granted summary judgment to Transkaryotic directors alleged to have breached their fiduciary duties of disclosure (also sometimes referred to as the duty of "candor") and loyalty in connection with Shire Pharmaceuticals' acquisition of Transkaryotic. This article discusses the ground-breaking ruling.
McNulty Revisited
November 24, 2008
This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.
The Revised Americans with Disabilities Amendment Act
November 24, 2008
The ADAAA, which takes effect in January 2009, took aim at two United States Supreme Court decisions rendered during the last decade that were viewed as substantially limiting the scope of covered disabilities under the ADA. This article explains what it means to your practice.
Mandatory Wellness Programs
October 29, 2008
While often a healthy asset for organizations, the increasing use of mandatory wellness programs can also present liability risks for companies, including potential violations of employee privacy rights, the federal anti-discrimination laws, such as the Americans With Disabilities Act (ADA), the Health Insurance Portability and Accountability Act, and state legislation regarding the regulation of an employee's lawful off-duty conduct.
