Monthly Archives: June 2011

ILN Today Post

SEC Final Rule on Dodd-Frank Whistleblower Bounty Awards and Protections Discussed in Bloomberg Article

In previous articles and postings, we have cautioned that legislative policy of the Dodd-Frank Wall Street Reform and Consumer Protection Act threatens to circumvent corporate compliance programs and drive whistleblowers having vital information outside the organization in the hope of receiving rich bounty awards. In a recent article published by Bloomberg Law Reports®, Allen Roberts discusses some of the challenges businesses subject to SEC jurisdiction need to address in the face of the SEC’s Final Rule – mindful that the plaintiffs’ bar has geared up to capitalize on new opportunities.

For more information, see Allen B. Roberts, Dodd-Frank Bounty Awards and Protections Change Whistleblower Stakes — Will Opporunity for Personal Gain Frustrate Corporate Compliance?, Bloomberg Law Reports – Securities Law (2011) (pdf)

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ILN Today Post

Fight for your right: Employer successfully challenges EEOC administrative subpoena

Administrative agencies, the EEOC and NLRB included, often view their subpoena powers broadly – sometimes in the estimation of employers and their counsel, too broadly. A recent Pennsylvania federal court case took a narrower view.

In EEOC v University of Pittsburgh Medical Center (UPMC).pdf, the district court for the Western District of Pennsylvania ruled that an administrative subpoena the EEOC issued the University of Pittsburgh Medical Center was a “fishing expedition” and denied the application for enforcement of the subpoena.

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Download Our Guides on Non-Compete and Trade Secrets Laws, Published by Epstein Becker & Green and the Practical Law Company

Peter Steinmeyer and I are pleased to announce that our guide, “Non-Compete Laws: Illinois,” written with Christie Tate, is now available in PDF format. See below for more information about this series of guides written and published by our firm, EpsteinBeckerGreen, and the Practical Law Company:

EpsteinBeckerGreen, in Conjunction with Practical Law Company, Wrote and Published Statewide Guides on Non-Compete and Trade Secret Laws

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published statewide guides on the non-compete laws of Illinois, Massachusetts, and New Jersey and on the trade secret laws of the District of Columbia.

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ILN Today Post

"Fighting Fraud" – Safeguards for your bottom line – Ned Searby

Panelists

Ned Searby
Pamela Lebold

7:30 – 8:00am • Breakfast & Networking
8:00 – 9:30am • Panel Discussion & Audience Q&A

Click here to register.

Click here for the event information brochure.

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ILN Today Post

Crain’s Ideas at Dawn podcast: How to prevent fraud at your company – Ned Searby

Ned Searby was a panelist for the Crain’s Ideas at Dawn podcast: How to prevent fraud at your company.

Click here to listen to the podcast.

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ILN Today Post

Tax Alert: FBAR filing deadline June 30, 2011; Minor extension for certain financial professionals

You are required to file a Report of Foreign Bank and Financial Accounts (FBAR) if you have a financial interest in, or signature authority over, one or more financial accounts, including bank, securities and other types of financial accounts in a foreign country, and the aggregate value of all foreign financial accounts exceeds $10,000 at any time during the calendar year. The FBAR must be filed by June 30 of each year and must be filed separately from your tax return.

The Internal Revenue Service and the Financial Crimes Enforcement Network recently announced that a small subset of individuals with only signature authority required to file the FBARs will receive a one-year extension beyond the upcoming filing date of June 30, 2011. Notice 2011-1 extends the deadline until June 30, 2012, for the following individuals:

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Portion of Schedule H of Form 990 Optional For Hospitals

On June 9th, 2011 the IRS announced that it was making Part V.B. of Schedule H of Form 990 optional for the 2010 tax year.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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ILN Today Post

The Luri Decision – One Small Step for Ohio Employers . . .

The Ohio Court of Appeals for the Eighth District (Cuyahoga County) dramatically reduced a $43.1 million punitive damages award to $7 million in the case of Luri v. Republic Services, Inc., Case No. 94908, 2011-Ohio-2389 (May 19, 2011) . At trial, the Luri jury imposed a $46.6 million verdict, including $43.1 million in punitive damages for Luri’s claim of retaliation pursuant to Ohio’s civil rights statute, R.C. Chapter 4112. The appellate court held, however, that a statutory limit on punitive damages applied to Luri’s employment claim. The limitation on punitive damages, a provision of R.C. §2315.21, was enacted in 2005 as part of a comprehensive tort reform bill. There has been much speculation as to whether and to what extent various tort reform provisions will apply in employment cases. While the Ohio Supreme Court has yet to weigh in and many questions remain unanswered, the Luri decision is a welcome victory for Ohio employers. For a more detailed discussion of Luri and what it means, please read our Alert, The sky may not be the limit for an employee-plaintiff.

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ILN Today Post

The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement

The FCPA and the Health Care Sector: Entering an Era of Heightened and Unprecedented Enforcement By Stuart M. Gerson, Esq., and Dale C. Van Demark, Esq.

Epstein, Becker & Green

Throwing down the gauntlet to health care providers, and most significantly, their executives who increasingly are doing business overseas, Acting Deputy Attorney General Gary G. Grinder recently told the National Institute on Healthcare Fraud that: “In some foreign countries, nearly every aspect of the approval, manufacture, import, export, pricing, sale and marketing of a drug product may involve a ‘foreign official’ within the meaning of the Foreign Corrupt Practices Act. … [The Depart- ment of Justice] will not hesitate to charge [health care] companies and their senior executives under the FCPA if warranted to root out foreign bribery in the industry.”1

For the full article, read the PDF here.

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ILN Today Post

Bribery Act 2010 – after a long wait, are you ready?

On 1 July 2011, the much anticipated Bribery Act 2010 (the Act) will come into force. The Act will impact on all commercial organisations, to a greater or lesser degree, and so, if you haven’t already turned your mind to what it means for your organisation, now is the time.

A detailed explanation of the main offences under the new Act can be found in our legal update at: www.fladgate.com/BriberyAct2010.

Three of the key offences under the Act will by now be familiar to most people and are largely restatements of existing law:

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