Alerts From the Stoel Rives Web Site http://www.stoel.com/showalert.aspx?show=2346 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/23/2013 9:50:02 AM http://www.stoel.com/showalert.aspx?Show=9963 During the past several years, the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") have pursued an increasing number of enforcement actions against businesses and individuals under the U.S. Foreign Corrupt Practices Act ... Fri, 07 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9864 On October 9, 2012, the U.K. Serious Fraud Office ("SFO") issued revised policies (available here) regarding several key aspects of its enforcement of the U.K. Bribery Act of 2010 ("Bribery Act"). The Bribery Act, like the U.S. Foreign Corrupt Practices ... Wed, 24 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9733 Minnesota farmers caught a break when the Minnesota Supreme Court refused to recognize a claim for trespass by particulate matter on August 1, 2012. The Court also interpreted National Organic Program regulations regarding application of prohibited substances ... Wed, 15 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9247 A version of this alert was published as "Tort Wars: The California Legislature Strikes Back" by Law360, March 7, 2012. 1. Background On February 24, 2012, California Senate President Pro Tem Darrell Steinberg introduced Senate Bill 1528 ("SB 1528"). ... Wed, 29 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9177 In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act ("MBTA") arising out of the incidental death ... Mon, 30 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9130 In DR Horton, a decision issued on January 3, and applicable to most private sector employers, whether unionized or not, the NLRB held that federal labor law prevents you from requiring your employees to agree to broad waivers that would deny their right ... Mon, 09 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9039 Introduction Recently, the U.S. Food and Drug Administration ("FDA") for the first time issued warning letters to marketers of gastric weight loss band devices in California. The FDA is concerned that the companies' ads violate federal regulations ... Wed, 21 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8152 Companies facing litigation and regulatory or enforcement proceedings today must bear not only the enormous burdens of electronic discovery, but also the risk of increasingly expensive penalties for failing to preserve email and business records from ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8143 On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court in a 5-4 ruling rejected class certification for a putative class of approximately 1.5 million women alleging that Wal-Mart discriminated against them in pay and promotions based ... Thu, 23 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7920 After several delays, the U.K. Bribery Act of 2010 is finally set to go into effect on July 1, 2011—about three months behind schedule. (See here for our previous update describing the Act.) Despite recent final guidance from the Ministry of Justice ... Wed, 11 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7884 On May 2, 2011, the Financial Fraud Enforcement Task Force's Oil and Gas Price Fraud Working Group (the "Working Group") began its work "monitor[ing] oil and gas markets for potential violations of criminal or civil laws to safeguard against unlawful ... Tue, 03 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7871 On Friday, the Alaska Supreme Court decided Henrichs v. Chugach Alaska Corp., No. S-13094 (Apr. 22, 2011), in which it confirmed the vitality of the common law business judgment rule in Alaska. This case arose from a 2004 dispute between two factions ... Wed, 27 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7720 Effective January 1, 2011, the Oregon legislature has banned the sale into Oregon of any products containing more than one-tenth of one percent of decabrominated diphenyl ether ("DECA"), CAS# 1163-19-5, a commonly used flame retardant chemical. This ... Mon, 07 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7458 The U.S. District Court for the Central District of California recently ordered the government to produce to defendants privileged documents it obtained from the defendants' former employer as part of that employer's cooperation with the government's ... Fri, 11 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7421 On January 31, 2011, the British government confirmed that the U.K. Bribery Act—perhaps the most comprehensive anti-bribery statute in the world—will not go into effect on April 1, 2011 as expected. The delay is the result of an additional delay in release ... Wed, 02 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7160 OSHA compliance recently became harder and costlier, and may continue to do so, thanks to several developments at the federal and state level. *** You may go to prison if you discipline or terminate an employee who might be worried about an unsafe ... Tue, 02 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7075 On August 9, 2010, a panel of the U.S. Court of Appeals for the Ninth Circuit joined five of its sister circuits in expressly adopting the "implied false certification" theory of liability under the False Claims Act ("FCA"), providing an additional arrow ... Thu, 30 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7064 On August 27, 2010, a panel of the U.S. Court of Appeals for the Second Circuit issued a decision that could have broad implications on the government's ability to extract massive fines for criminal violations in fraud and other cases involving a measurable ... Mon, 27 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2937 We have received the below alert from a U.S. District Court representative and are passing along this information for your information and protection. In recent weeks, thousands of high-ranking executives across the country received e-mail messages ... Wed, 07 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2628 In a groundbreaking ruling on Monday, September 17, the European Court of First Instance reinterpreted the longstanding rules of confidential communications as they are applied to corporations. The Court upheld the European Commission’s determination ... Tue, 25 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2348 Earlier today, U.S. Deputy Attorney General Paul J. McNulty announced that the U.S. Department of Justice ("DOJ") has revised its corporate charging guidelines for federal prosecutors throughout the country. The new "McNulty Memorandum" (http://www.nacdl.org/public.nsf/whitecollar/wcnews061/$FILE/McNulty.pdf) ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2349 On June 26, 2006, Judge Lewis Kaplan of the United States District Court for the Southern District of New York ruled that the government's policy and practice of discouraging corporate employers from advancing legal fees to employees under criminal investigation ... Wed, 28 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2347 This bulletin advises you of some of the changes that are expected to affect litigation of preference claims after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Act") becomes effective next week. The changes discussed in this ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2350 On February 18, 2005, President Bush signed the Class Action Fairness Act of 2005. The Act passed the Senate and House with some vocal opposition, but a clear majority of the votes, in less than a month. The swift passage of the Act was surprising, given ... Fri, 01 Apr 2005 00:00:00 GMT