What is a PBT? Do I have to cooperate?
BigLaw Recruiter: We Didn't Kill Dewey & LeBoeuf
How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Government’s Health Care Fraud “Cash Cow” Keeps Mooing
Uncovering Factory Farming - The Effects of Ag Gag Laws
Uncovering the “Why” in FCPA Compliance Issues
A Moment of Simple Justice - Undercover Lover
What are field sobriety tests? Do I have to take them?
FCPA Compliance and Ethics Report-Episode 117-the Avon FCPA Enforcement Action
A Moment of Simple Justice - Jails for Sale
A Moment of Simple Justice - Stop Talking
A Moment of Simple Justice - Snitching Ain't Easy
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Death by Cop
How Did The NFL Get This So Wrong?
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Hopping Turnstiles
The 10 Essential Steps to Implement an Effective Anti-Corruption Compliance Program
FCPA Enforcement: How to Respond to a Government Investigation
Aleynikov v. Goldman Sachs Grp., Inc. -
Addressing the meaning of the term “officer” in a company’s bylaws, the U.S. Court of Appeals for the Third Circuit vacated a district court’s summary judgment that a computer...more
As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition.
The fundamental shift for businesses in the past 15 years from paper documents to computer data has forced the courts...more
New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations.
The Assistant Attorney General for the Criminal...more
The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more
A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings.
In a “drug...more
A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more
The KBR decision should not be interpreted as a sign that internal investigations of regulatory compliance are privileged per se. Companies should keep the following principles in mind when conducting any internal...more
A district court in the Northern District of California has held that the officer of a now-defunct corporation is personally responsible for the Trust Fund Recovery Penalty based upon the company’s failure to collect, account...more
Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude...more
As you may have read in our previous blog post, prudent employers should embrace the “righteous whistleblower” in service of their culture of compliance. But what is an employer to do when a whistleblower has engaged in...more
In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more
On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more
On September 25, 2013, the Canadian Competition Bureau released updated FAQs for its Immunity and Leniency Programs. These two programs, which offer whistleblowers immunity from prosecution and lenient treatment on...more
In This Issue:
Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper and NLRB's New Ruling Could Spell Trouble in Harassment Investigations
Excerpt from Pennsylvania’s Appellate...more
Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more
In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more
On March 12, 2013, the U.S. District Court for the Northern District of California issued a ruling clarifying the reach of the federal Computer Fraud and Abuse Act (CFAA) when employees access computer systems. The decision...more
In Belmont v. MB Investment Partners, Inc., No. 12-1580, 2013 WL 646344 (3d Cir. Feb. 22, 2013), the United States Court of Appeals for the Third Circuit held that a mere failure by corporate directors to oversee enforcement...more
When an employee talks to in-house or outside counsel for the purpose of obtaining legal advice for the company, that communication will be privileged and can be protected from disclosure. Likewise, when in-house counsel is...more
Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions.
What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more
The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more
On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more
Society of Solicitor Advocates announce launch of Instruct+ App...more
Introduction - The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to a private computer system and allows for individuals suffering harm from such conduct to bring private civil actions for relief....more
With a jury acquiting Roger Clemens on perjury charges last month, I thought it would be fun to take a look back at a post I did way back in January 2008 where he initially suggested he would take a lie detector test....more
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