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Navigating unlawful behavior by corporate constituents

Imagine the following scenario: Mr. Smith, a vice president at the company for which you serve as in-house counsel, asks to meet with you privately. During the meeting, Smith tells you that he and several of his colleagues are engaged ...

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‘Activist’ Securities and Exchange Commission digs deep

The big news this spring is the new blockbuster SEC proxy disclosure rules covering compensation and governance that have dominated the legal literature. This column will go where others dared not — or, rather, cared not, to go: everywhere else. ...

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Social media both blessing and curse for employers

Social media is a blessing and a curse for employers. It presents significant opportunities to market products and services and to establish and strengthen relationships. It also presents real challenges; it can decrease productivity and give employees an easy opportunity ...

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In-House Leaders

Honoring a select group of in-house counsel for their accomplishments

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Rise in charges has employers on ‘high alert’

When the going gets tough, the employment discrimination enforcement actions get going. And last year seems to be no different, with a number of factors creating a perfect storm of sorts for discrimination claims, including a rise in job losses, the passage of new age and disability bias laws and a tougher enforcement policy spearheaded by the Obama administration’s Equal Employment Opportunity Commission.

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‘Honest services’ ruling could stymie prosecutors

White-collar lawyers say that federal prosecutors will have a tougher time getting convictions in public corruption cases if, as many predict, the U.S. Supreme Court strikes down the controversial “honest services fraud” statute.

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Pilot program aimed at reining in discovery

White-collar lawyers say that federal prosecutors will have a tougher time getting convictions in public corruption cases if, as many predict, the U.S. Supreme Court strikes down the controversial “honest services fraud” statute.

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ADA complaint against debtor is barred

A bankrupt airline could not be held liable to a former employee for handicap discrimination, the 1st U.S. Circuit Court of Appeals has found. The airline argued that a U.S. Bankruptcy Court order disallowing the discrimination claim resulted in the employee being forever barred from suing the airline under the Americans with Disabilities Act.

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Bar: Spoliation sanction sends warning to litigants

A judge’s decision to dismiss a plaintiff’s breach-of-contract lawsuit and sanction him $243,000 for destroying critical evidence in an employment dispute is a warning to civil litigants who do not cooperate during discovery, lawyers say.

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Boston Scientific pays $22M

Medical device-maker Boston Scientific will pay $22 million to resolve allegations its Guidant division paid kickbacks to doctors to get them to use its heart devices. The U.S. Department of Justice said Guidant paid physicians $1,000 to $1,500 each in ...

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