Consider it one of my (many) pet peeves – companies claim they have an “ethical” culture and cite the consistent statements by the CEO of his or her commitment to “ethics and integrity.” That’s it, that’s all, we have an ethical culture....
On February 28, 2008, Hanjuan Jin, a Chinese-born former software engineer for Motorola, arrived at Chicago O’Hare Airport en route to Beijing. During a random customs check, officials discovered that she had a one-way ticket to China, $31,252 in...
According to Bloomberg, the EU’s antitrust probe will see delays now that the banks involved with the case have successfully fought for the ability to see the confidential information the Commission has gathered on the banks....
One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required?...
On November 13, the U.S. Court of Appeals for the Second Circuit held that where a creditor hires a third party to send collection letters but does not rely on the third party for any other bona fide efforts to collect the debts, the creditor can be...
Yesterday, LinkedIn announced the addition of “Showcase Pages,” which are subsets of Company Pages. Read on as I discuss how this has great utility for law firms. WHAT ARE SHOWCASE PAGES? LinkedIn tells us that.......
GOOD FAITH & CONTRACTUAL DISCRETION When parties agree to include discretionary rights in their agreement, one party will have the right to determine the outcome of some matter in prescribed circumstances. It is well established, however, that the...
The SEC’s Division of Investment Management is cracking down on funds that use names that suggest safety or protection from loss. In Guidance Update No. 2013-12, the staff stated that fund names suggesting safety or protection from loss may...
The OIG recently issued a report concluding that Medicare hospital outlier payments warrant increased scrutiny by CMS. Outlier payments are supplemental payments to hospitals that are designed to protect hospitals from significant financial losses...
In what circumstances should an appellate court permit the Crown to amend an information against an accused person at the appeal hearing? This was the question faced by the Ontario Court of Appeal in R. v. Brownson, 2013 ONCA 619. The split judgment...