Criminal Law Labor & Employment Civil Procedure

Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Are supervisors able to assess impairment? Drug driving decision suggests so

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

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

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

D.C. Appeals Court Upholds Privilege For Internal Investigation Preceding False Claims Act Litigation

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

Court’s Ruling Holding Corporate Officer Responsible for Trust Fund Recovery Penalty Illustrates Risk of Personal Liability for...

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

Privileged Communications With Outside Consultants

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

Blowing the Whistle on the Whistleblower: When a Whistleblower Takes Confidential Documents

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

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

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

Court Requires Employer To Pay Legal Fees Of Ex-Employee Charged With Trade Secret Theft

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

Canadian Competition Bureau Updates its Immunity and Leniency Program FAQs

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

Transportation, Distribution & Logistics Alert: September 2013

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

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

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

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

Challenge: 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

District Court in California Provides Further Clarification as to the Scope of the Computer Fraud and Abuse Act

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

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

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

Confidentiality From The Boardroom To The Bedroom

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

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

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

Fourth Circuit Affirms Marital Privilege Does Not Apply To Emails Exchanged Using Employer’s Computer

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

Instruct+

Society of Solicitor Advocates announce launch of Instruct+ App...more

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

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

U.S. Supreme Court Strikes Down Three Provisions of the Arizona Immigration Law

The U.S. government challenged Arizona's S.B. 1070, enacted in April 2010, which imposed state penalties on undocumented immigrants on the basis that it was preempted by federal law. On June 25, 2012, the U.S. Supreme Court...more

From the Archives: Roger Clemens and Lie Detector Tests

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

Arizona v. United States: Supreme Court Reaffirms Federal Government’s Power in Immigration Arena

In a 5-3 decision authored by Justice Kennedy, the Supreme Court struck down most of the main provisions of an Arizona law targeting illegal immigration. The law, known as the “Support Our Law Enforcement and Safe...more

Intellectual Property Bulletin - Spring 2012

In This Bulletin: - Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes.…1 - Patent Reform: The Public Speaks …. 3 - Quick Updates ….5 - Criminal Liability for Cloud Storage Service...more

California Employment Law Notes - May 2012

In This Issue: - Employers Need Only Provide (Not Ensure) Meal And Rest Breaks Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) - Employees Did Not Violate Federal Statute By Misappropriating...more

The Second Circuit Reverses Conviction of Computer Programmer and Holds that Theft of Intellectual Property Is Not Necessarily...

Earlier this month, the U.S. Court of Appeals for the Second Circuit seemingly stripped federal prosecutors of the use of two statutes used to combat the theft of intellectual property, critical technologies and other...more

37 Results
|
View per page
Page: of 2

Follow Criminal Law Updates on: