Legal Solutions  Blog

(Editor’s Note: Yesterday, we briefly summarized recent administrative guidance on the Foreign Corrupt Practices Act. This post will take a deeper look at those issues.) My last post focused on the complexities and uncertainty that can be inherent in international business agreements, particularly as they concern conflict of laws and jurisdictional issues.  In addition to detailing the ins [...]

Since last month, practitioners who worry about what went bribe in the night have been digesting the FCPA Guidance issued jointly by the Department of Justice and the Securities and Exchange Commission. The 130-page guide is an attempt by both agencies to enlighten those that must interpret the provisions of the Foreign Corrupt Practices Act as applied to [...]

Netflix social media posts draw SEC Wells notice Social media users are coming to grips with the scrutiny that social media posts can draw in the hiring and employment process, but now Netflix is facing a Securities and Exchange Commission inquiry into posts it made on its Facebook page and a company blog that discussed key milestones [...]

Last week, the Wall Street Journal reported that the Department of Justice has sued eBay alleging that the tech giant violated the Sherman Act when it signed an agreement with software provider Intuit Inc. in which the companies agreed that they would not recruit from the employee talent pools of the other company. On the same [...]

Over a week after Hurricane Sandy struck the eastern seaboard, residents of New Jersey, New York, Virginia, Connecticut, and other areas along the East Coast are struggling to return their lives to normal even as their homes and businesses may have been destroyed or severely damaged in the storm. Many remain without heat or power and [...]

Those in the corporate legal department may stay awake at night worrying about the potential that employee actions could put the business on the hook for a jury verdict or settlement. But judges and juries aren’t the only arbitrators of worker misconduct, especially for those who work in highly regulated industries. One recent example comes [...]

In late September, the New York Stock Exchange (NYSE) and Nasdaq filed proposed listing standards with the Securities and Exchange Commission (SEC) that could influence the way that publicly traded companies determine compensation for their highest ranking employees. If the SEC approves the proposed listing rules, some provisions will go into effect as soon as July [...]

In the last post: the Department of Labor issued a final regulation requiring 401(k) plan administrators to provide fee disclosure information to plan participants. What does this mean for employees? Early this month, employees who are eligible to participate in their employer’s 401(k) savings plan began receiving detailed information on the fees and expenses for the [...]

Many workers who participate in their employer’s 401(k) savings plan recently received new disclosures from their plan administrators in the mail. The notices are prompted by a Department of Labor regulation that requires plan administrators to provide information about the 401(k) plan to plan participants no later than August 30, 2012. In a summary of the final [...]

Wal-Mart paid up to settle a claim after the Equal Employment Opportunity Commission alleged the big-box retailer had violated the Americans with Disabilities Act (ADA) when it fired one of its employees rather than accommodate her request for periodic breaks off her feet when she returned from a medical leave. The retailer says that the manager [...]

Courts and tribunals have already weighed in on Global Positioning System (GPS) tracking in the workplace — both with GPS devices and communications devices that have GPS capabilities installed. These rulings have carved out some guidelines for employers who are considering GPS tracking for employees. Don’t use GPS tracking to bust unions or union organizing. In a [...]

Mobile connectivity has created a sea change in employee work productivity and work habits, but it has also created a challenge for employers. GPS tracking and other mobile technologies can provide a wealth of information about employee activities, but it is not always clear how employers can best use this information. For employees, this new technology [...]

Google the phrase “ex-employee data theft” and you will find a laundry list of businesses that have accused former employees of lifting confidential data, customer lists, and other proprietary information, along with their moving boxes on their way out the door. Decades ago, a salesman might snag a customer list on his way out the door [...]

As the nation celebrates the Fourth of July holiday on Wednesday, many people will have the day off to relax, enjoy a picnic or barbeque, and watch fireworks displays. But for most restaurant and service industry workers, the Fourth of July and other holidays are a full eight-hour work day or evening, and sometimes even longer. Most [...]

Da ta broker Spokeo must ante up $800K to settle FTC charges In an interesting development on employer use of social media data, a federal agency has turned its attention to sellers of social media data used in the hiring and employment context. Last week, the Federal Trade Commission (FTC) announced that online data broker Spokeo, [...]

As millennials, thirty-somethings and even octogenarians now share tweets, photos, and content on platforms like Twitter, Facebook, and Pinterest, some privacy experts have cautioned that the flippant post or photo showing a wild weekend might end up being used against the poster in the hiring process or at an annual review. That warning has proved to [...]