In just a few years, the Federal Computer Fraud and Abuse Act of 1984 (the “CFAA,” 18 U.S.C. § 1030) - a sweeping statute that criminalizes the unauthorized access of protected computers - has evolved into a broad and powerful weapon in computer-related criminal and civil litigation. Originally enacted to target hackers, the statute now reaches almost any imaginable malfeasance that involves a computer. Two recurring categories of cases arise in an employment context ...
The National Labor Relations Board has had a busy few weeks. First, over the dissent of its sole Republican Member, Brian Hayes, it issued a final rule implementing new procedures for union elections. Second, it issued a decision in D.R. Horton, 357 NLRB No. 184 (January 3, 2012), a much-anticipated case involving class action waivers in collective bargaining agreements. Third, on the heels of the D.R ...
The Federal Trade Commission (FTC) recently announced its annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) jurisdictional thresholds. The revised thresholds will become effective 30 days after publication in the Federal Register and will apply to all transactions closing on or after such date. The new thresholds will remain in effect until the next annual adjustment, expected in the first quarter of 2013 ...
You’re the general counsel of a public company and your CEO calls you to tell you that he is interested in acquiring another public company. He’s already asking you how quickly this can get done and what the company needs to do. What are the first steps you should take? Board of Directors Generally, the CEO should call each of your board members individually to gauge their initial reaction toward the acquisition and schedule a special board meeting to discuss a potential transaction ...
The honourable justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M) . (1) In order for a class action to be authorized by the Superior Court, the Code of Civil Procedure sets out the four conditions which must be fulfilled ...
Over the course of a few months spanning June to September 2011, a number of regulations were issued by the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha – “KPPU”) as implementing guidelines to several pertinent Articles in Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (“Anti-Monopoly Law”). These guidelines are: Guidelines for Monopolistic Practices (Regulation No ...
In order to provide extensive protection, especially for the distribution of drugs in Indonesia, BPOM has issued a new regulation which sets out the criteria and procedure for drug registration, ie BPOM Regulation No. HK.03.1.23.10.11.08481 of 2011 regarding The Criteria and Procedure For Drug Registration ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
<table border="0" width="780" cellspacing="2" cellpadding="0"> <tbody> <tr> <td> <p>To date, under Panama law (and ever since 1917<a name="_ftnref1"></a><a href="wsg_admin14 ...
DISCIPLINARY MEASURES RELATING TO THE USE OF COMPUTER EQUIPMENT: COCA-COLA IS FORCED TO REINSTATE AN EMPLOYEE THE COMMISSION DES RELATIONS DU TRAVAIL (THE “COMMISSION”) RECENTLY RULED ON THE WAY IN WHICH AN EMPLOYER PROCEEDED TO IMPOSE A DISCIPLINARY MEASURE ON AN EMPLOYEE DUE TO HIS USE OF COMPUTER EQUIPMENT BELONGING TO THE EMPLOYER ...
On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012. As discussed in our NLRB Roundup Part 2, this rule requires physical posting of an 11x17 notice, as well as publication on the employer’s intranet or internet site if the employer customarily uses these sites to communicate with employees ...
On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results, summarized below, demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers. The pharmaceutical industry is the prime target at the moment, but companies with defense contracts, federal subsidies and loans, and government contracts more generally are on the enforcement radar ...
The role, and especially the liability, of corporate directors have evolved considerably over the last few decades. Obviously, the financial scandals of the 1990s are largely responsible for this change that began in the United Stated with the enactment of the Sarbanes-Oxley Act of 200, prompting Canadian authorities to follow suit with the adoption of more stringent securities regulations ...
TO REMEMBER •The establishment of good governance practices is useful if not essential for SMEs, their directors, shareholders and managers. •Good governance practices can protect directors against their risks of liability.•Governance must be adapted to the realities of SMEs* This adaptation is achieved by a combination of informal measures and a few formal measures ...
As promised, Part 2 of our NLRB Roundup 1 takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape, including: (i) proposed comprehensive rules altering election procedures; (ii) the NLRB’s final rules requiring employers to post notices informing employees of their rights under the NLRA; (iii) developments on the prosecutorial front relating to social media; (iv) reconsiderat
You have an unproductive employee. You suspect she isn’t getting her work done because she’s spending far too much time surfing the web and sending personal emails from her work computer during office hours. This will not do. So, you log on to her computer after hours to check her inbox and browser history. Sure enough, your suspicions are correct: she’s spending more time on Facebook than doing her job. Armed with this evidence, you call her into your office and dismiss her ...
TO REMEMBER - The establishment of good governance practices is useful if not essential for SMEs, their directors, shareholders and managers. Good governance practices can protect directors against their risks of liability. Governance must be adapted to the realities of SMEs. This adaptation is achieved by a combination of informal measures and a few formal measures ...
The Regulations on Contracting the Provision of Foreign Technical Assistance and Management Services, as provided for in Presidential Decree 273/11 of 27 October (the “Decree”), were published recently. This legislation has great relevance, on the one hand, because it aims to cover contracts for the provision of services made with non-resident entities and, on the other hand, because it introduces a number of new obligations for the parties involved in these contracts ...
You are the general counsel of a public company and your company is entering into a transaction to be acquired by another company. Your board and your stockholders want you to make sure the transaction is consummated but they also want you to make sure the company gets the best deal for its stockholders. The acquiror is also going to demand a certain level of deal security ...
