Compliance, Ethics and the Multi-generational Workforce
October 02, 2014
This article outlines two key tactics for effectively executing and nurturing a strong workplace compliance and ethics strategy. The first is fostering employee engagement. The second involves deploying the right technology tools to drive and support this.
Quarterly State Compliance Review
October 02, 2014
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.
UK Serious Fraud Office Annual Report
October 02, 2014
As readers might be aware, a few years ago the UK introduced a new legal regime to tackle corruption under the UK Bribery Act 2010, with some describing it as the toughest anti-corruption legislation in the world. Here are some results of the Act.
Collecting Social Security Numbers
October 02, 2014
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
<i>Jancik v. Redbox Automated Retail</i>
October 02, 2014
Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
Gendered Dress Codes
October 02, 2014
The potential pitfalls for employers with regard to transgender employees are enormous. Most courts that have held that the gender-stereotyping theory of <I>Price Waterhouse v. Hopkins</I> extends Title VII protections to those individuals.
Extraterritoriality and Whistleblower Retaliation
October 02, 2014
In-house counsel for multinational corporations and counsel for foreign plaintiffs often must deal a serious issue. Specifically, can overseas whistleblowers avail themselves of United States whistleblower protection laws? If so, under what circumstances? How can corporations protect themselves against claims of retaliation from company whistleblowers located outside the United States?
Ninth Circuit Takes Tough Stance on Loss Causation
September 02, 2014
A company's announcement of an internal investigation may trigger a bad stock market reaction but, by itself, it's not enough to establish loss causation in a securities class action, the U.S. Court of Appeals for the Ninth Circuit recently held.
Avoiding FCPA Liability by Tightening Internal Controls
September 02, 2014
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
Post-Employment Retaliation
September 02, 2014
This article, discusses the ways in which courts have traditionally examined post-employment retaliation claims, and provides insight into how a court (or board) is likely to rule when an employee brings claims under two of the most widely utilized whistleblower protection statutes ' the Sarbanes Oxley Act (SOX) and the False Claims Act (FCA).
