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V&E Environmental Law Update, July 9, 2019
The federal Clean Air Act requires that transportation fuel sold or introduced into commerce in the United States contain minimum levels of renewable fuel.
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Managing the Modern Workplace, July 3, 2019
“I have gone to jail for what I have said.” That’s what I was recently told by a lawyer from another country when he received a call from a reporter asking him to comment on a recent decision from one of his country’s courts. When I asked him how careful he had to be with what he said, he described his time spent in jail for statements he has made.
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First published by FCPA Flash – The Official Podcast of FCPA Professor, June 28, 2019
In this podcast, V&E partner Ephraim (Fry) Wernick, former Assistant Chief of the DOJ's FCPA Unit, sat down to talk to Professor Koehler regarding the Walmart enforcement action including the imposition of a monitor.
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Managing the Modern Workplace, July 2, 2019
Last year, when I wrote about the new laws that had been passed by the New York State Assembly to combat sexual harassment, I was largely complimentary. After all, requiring employers to provide interactive training in harassment training was something that I had been recommending since I became an employment lawyer many years ago.
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V&E International Dispute Resolution Update, July 2, 2019
The International Chamber of Commerce, the world’s most prominent arbitral institution, recently released statistics on its cases for the past year. While the statistics are unique to the ICC, they likely reflect broader trends as the ICC is a global arbitration leader.
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Managing the Modern Workplace, June 27, 2019
Tomorrow, June 28, marks the fiftieth anniversary of the Stonewall riot where gay men and lesbians fought back during a police raid at the Stonewall Inn, a gay bar in Greenwich Village. Because this blog is about the workplace, however, I thought it would be appropriate to talk about how far American employers, including my own law firm, have come during my lifetime in protecting the rights of LGBTQ workers, and to talk about one of my heroes of the LGBTQ movement.
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V&E Government Investigations Update, June 27, 2019
On May 28, 2019, China released draft Measures for Data Security Management (“Measures”) that purport to implement data protection requirements by creating individual rights to correct and delete personal information from data storage, mandatory notifications to individuals in the event of a data breach, and a presumption of liability on network operators for breaches caused by third-parties.
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V&E Government Investigations Update, June 26, 2019
In May 2019, delivering on his central campaign promise to target corruption in Mexico, Mexico President Andrés Manuel López Obrador’s administration launched an investigation into Emilio Lozoya Austin, former CEO of Mexican state-owned oil and gas company Petróleos Mexicanos (“Pemex”) for alleged fraud, money laundering, and bribery.
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V&E Foreign Corrupt Practices Act Update, June 25, 2019
On June 20, 2019, a federal jury in Boston returned guilty verdicts against two high-level executives for their role in a conspiracy to bribe foreign government officials in Haiti, in violation of the Foreign Corrupt Practices Act (FCPA) and related money laundering and Travel Act offenses.
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Managing the Modern Workplace, June 25, 2019
Most employers mandating arbitration agreements as a
condition of employment do not intend to prevent employees from filing unfair
labor charges with the National Labor Relations Board.
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V&E Tax Update, June 25, 2019
New regulations under section 956 give lenders more ammunition in demanding foreign collateral for U.S. loans, but U.S. borrowers need to draft carefully to avoid tax on foreign income.
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V&E FCPA & Global Anti-Corruption Update, June 21, 2019
In a significant departure from previous practice, the Department of Justice (“DOJ”) imposed a corporate monitor on a company even after it engaged in extensive remedial measures and enhanced its compliance functions, but DOJ also agreed to narrow the scope, obligations and term of the corporate monitorship in what is the most meaningful example yet of how DOJ intends to implement its new policy on corporate monitors.
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Managing the Modern Workplace, June 20, 2019
In late May, the New York Times
ran a grim story entitled “Rats are Taking Over New York City,” talking about
the onslaught of rats in New York and other major cities. In fact, a record 17,353
rat sightings had been reported to the city hotline in the last year.
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V&E Government Investigations Update, June 20, 2019
No matter the regulator, a series of enforcement officials and agents appearing unannounced to conduct an investigatory raid of a company’s place of business may be most companies’ worst nightmare.
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V&E Government Investigations Update, June 19, 2019
The Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”
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V&E Environmental Law Update, June 19, 2019
On June 3, 2019, Secretary Elaine Chao of the U.S. Department of Transportation (“DOT”) proposed a reauthorization of the DOT’s pipeline safety programs at the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) for four additional years.
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V&E Antitrust Update, June 19, 2019
A recent report issued by the FTC’s Bureau of Competition reveals that, in fiscal year 2016 (there is a lag in the FTC’s reporting), pharmaceutical companies filed a whopping 232 final settlement agreements resolving patent disputes between brand and generic manufacturers.
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Managing the Modern Workplace, June 18, 2019
For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.
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First Published in ICARUS - Spring 2019 ABA Section of Antitrust Law Media and Technology Committee, April 2019
V&E lawyer Evan Miller summarizes Australia’s ongoing digital platforms inquiry.
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Managing the Modern Workplace, June 13, 2019
When you are an employment lawyer who represents management,
most of your clients are businesses that have human resources departments. From
time to time, however, I am cornered by friends at ball games or cocktail
parties who have questions about the individual caretakers who assist them in
managing their house, children, and garden, or, for example, the home health
aides who might take care of their parents.
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