Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
Businessweek Reporter: BigLaw Is "Crash Landing"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Be Fired for a Tattoo?
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
What You Need to Know About New Secretary of Labor Thomas Perez
Study Reveals Alarming Statistics On Theft and Employee Misuse of Company Data
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Marijuana in the Workplace
5 Risks of Telecommuting (And How Employers Should Handle Them)
Two Key Elements Every Social Media Policy Should Include
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
How to Handle Illegal Interview Questions
Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
Do 'Love Contracts' Ease the Risks of Office Relationships?
The Justice Department and the SEC should be credited with promoting new compliance strategies and best practices. Whatever you may think about the DOJ/SEC FCPA enforcement program, they have pushed businesses to enhance...more
I had the following email exchange earlier this year with a concerned client:
Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for not following...more
Unlike that fabulous song-writing team of Lennon and McCartney, these two guys promised that they would be back and from what we have seen over the past few weeks, they have kept to their collective word. Yes, those two...more
Employers concerned about their organizations’ FCPA compliance have a new, free resource available to them. Recently, the DOJ and the SEC published a long-awaited FCPA guidance for employers. The comprehensive guidance...more
Health and safety and human resource consultants who conduct investigations or retain outside experts to do so, should pay attention to a court decision in which an Ontario man was convicted of acting as a private...more
“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...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
This is the last installment of my three party series regarding Occupational Fraud. One can never lose focus on what I consider the key question as they enter or play within the international arena: What are the...more
On December 28, 2012, the President signed the Theft of Trade Secrets Clarification Act of 2012, which significantly expands trade secret protection by extending criminal penalties to the theft of a wider class of trade...more
Yesterday we discussed Occupational Fraud and how, according to the ACFE, survey participants estimated that the typical organization loses 5% of its revenues to fraud each year. Applied to the 2011 Gloss World Product, the...more
In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business. That...more
In a landmark speech to the Clinton Global Initiative in September 2012, President Barack Obama declared that the “fight against human trafficking is one of the great human rights causes of our time” and that “our global...more
On November 6, 2012, Washington became a national trailblazer when voters approved a state initiative legalizing the recreational use of marijuana (Colorado passed a similar law the same day). As of December 6, 2012, it will...more
I have had more than one corporate general counsel tell me that anti-corruption compliance is not very effective in protecting against foreign bribery. Their argument is that a company’s compliance program boils down to the...more
I thought I would take two posts to examine best practices for initial stages of internal investigations: Part I examines the launch of an internal investigation. Part II examines initial internal investigation plans....more
The recent amendments to Venezuela's Organic Labor Law impact local and multinational employers in many aspects, especially with regard to the practice of outsourcing. The new Organic Law of Labor and Workers (known as the...more
On Tuesday, April 10, 2012, the Ninth Circuit, in an en banc decision penned by Judge Kozinski, held that an employee could not be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) for...more
Originally published in The Journal Record - February 23, 2012.
If your company interacts with the federal government, business just got more complicated. In 2002, Congress passed 18 U.S.C. § 1519 as part of...more
One area where compliance officers and practitioners need to focus is on the requisite intent for a criminal violation. For compliance officers facing difficult policy choices on FCPA compliance policies, the touchstone...more
On May 25, 2011, a divided Securities and Exchange Commission (SEC) approved final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Because...more
On Thursday, April 28, 2011, the Ninth Circuit, in a split decision, held that an employee could be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”), for exceeding authorized access to...more
UPDATE: On October 27, 2011, the Ninth Circuit ordered a rehearing en banc in United States v. Nosal, see discussion here.
A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s...more
When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists.
A good case in point is the recent one of...more
A review of the Bribery Act 2010 and how it will impact on all commercial organisations carrying out business in the United Kingdom. The Act is due to come into force in April 2011. The Government is proposing to launch a...more
IN THIS ISSUE:
*Use of Independent Contractors May Create Unexpected Liability
*Ninth Circuit Permits In-House Counsel to Proceed with SOX Whistleblower Claims
*Employee Who E-Mailed Company Documents to Home...more
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