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Court Watch
Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer
In Sleepy's LLC v. Select Comfort Wholesale Corporation, Bus. Franchise Guide '15,466 (2nd Cir. Feb. 27, 2015), the Second Circuit reinstated a dealer's slander claims against a manufacturer. After the dealer had received reports that the manufacturer's sales staff was making defamatory comments about the dealer and its products, it hired secret shoppers to investigate. The manufacturer's sales staff allegedly then made defamatory comments to the secret shoppers during their investigations. Sleepy's serves as a reminder that manufacturers must properly train their sales staff about the risk of defamation liability, including instruction on the difference between what is permissible puffing/sales talk and what is not.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.