Global Corruption Enforcement
This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
States Keep Changing the Marijuana Laws
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Don't Be Afraid of Cybersecurity Information Sharing
Recent government action has shown that the White House and Congress are keenly aware of the potential data security benefits of robust information sharing between and among the private sector and the government. In recent years, information sharing bills have been introduced regularly in both the Senate and the House in an effort to encourage the flow of cyberthreat data between the private sector and the government.
Extraterritoriality and Whistleblower Retaliation
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
When Information Governance and Data Privacy Collide
The so-called "Big Data" problem has caused many organizations to breathe new life into their record-retention programs. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from e-mail to database storage and document creation. This all sounds like a great first step. But what happens when what makes the most business sense might actually be putting the company at risk?
Ellington Heirs Lose Bid to Change Foreign Royalties Calculations
The New York Court of Appeals, the highest court in the state, decided that a copyright renewal that Duke Ellington signed in 1961 didn't unfairly deprive his heirs of a portion of foreign royalties on the music giant's works, such as "Mood Indigo" and "Sophisticated Lady."
Practice Tip: Calculating Structured Judgments
After a verdict, both parties usually submit a proposed judgment to the court with an economist's report. The court then decides the amount of the judgment to be docketed. But before the momentum of the trial reaches that stage, the plaintiff's attorney should undertake his/her own calculations. This article uses New York's structured judgment statute as an example.
Court Watch
The federal Fair Labor Standards Act allows employees to sue their employers for various employment-related causes of action. Courts in two recent cases have ruled that actions brought, pursuant to the FLSA, by franchisees and franchisee employees, sufficiently alleged that franchisors were "employers" to withstand motions to dismiss under Federal Rule of Civil Procedure 12(b)(6).