On April 30, 2019, Assistant Attorney General Brian Benczkowski announced that the Department of Justice (“DOJ”) had published an updated version of the Criminal Division’s 2017 guidance publication “Evaluation of Corporate Compliance Programs.” In making the announcement, Assistant Attorney General Benczkowski said the update was designed to “better harmonize the prior Fraud Section publication with other Department guidance and legal standards.” He noted that DOJ also sought “to provide additional transparency in how [it] will analyze a company’s compliance program.”
Monthly Archives: May 2019
Does It Pay to Cooperate? Department of Justice Releases New Cooperation Credit Guidance for False Claims Act Targets
On May 7, 2019, the Department of Justice (“DOJ”) released new guidance for trial attorneys in the DOJ’s civil division regarding how entities under False Claims Act investigation can receive credit for cooperation. The release of this new guidance follows public comments delivered in March by Michael Granston, director of DOJ’s civil fraud section, noting that DOJ was considering issuing additional guidance on cooperation credit related to False Claims Act matters.
Yesterday, I had the pleasure of participating in the inaugural New York City event for She Breaks the Law, a network of women leaders founded by Priya Lele, Christie Guimond and Nicky Leijtens. The group brings together women in the legal industry who are “breaking the mould and challenging the norm in the world of law. Our members come from a wide range of backgrounds and disciplines, from female founders of disruptive start-ups to general counsel to innovation leaders in traditional law firms. They all have one thing in common: they are leading the change in the way that legal services are delivered.” Over the past two months since the soft launch, the group has grown to over 1,000 members, and officially launched with their London event last week.
Royer Cooper Cohen Braunfeld LLC (RCCB), a law firm offering a distinctive combination of practical business acumen, legal expertise and entrepreneurial passion, today announced that thirteen attorneys have been selected as 2019 Pennsylvania Super Lawyers and Rising Stars.
Non-competes are going to be harder to enforce in Washington State. On May 8, 2019, Governor Jay Inslee signed the “Act Relating to Restraints, Including Noncompetition Covenants, on Persons Engaging in Lawful Professions, Trades or Businesses,” which was passed by both houses of the state legislature in April.
Employment Law This Week®: EEOC Pay Data Deadline, Class Arbitration Ruling, Scope of Title VII, Marijuana Drug Test Ban, “Wage Theft” Hearing
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.
First up this month, the confusion is over for employers. EEO-1 pay data does not need to be submitted to the EEOC by the end of the month. In what may be the final chapter of the EEO-1 pay data reporting issue, a federal judge in Washington, D.C., ruled that the deadline would be postponed until September 30, 2019. Our colleague Robert J. O’Hara shares his insights in this month’s episode.
Washington State’s Paid Family and Medical Leave Law to Replace State’s Unpaid Family Leave Law; Premium Collections Begin
Washington State has begun implementing its new Paid Family & Medical Leave program (“PFML”). Other states, such as New Jersey, New York, and Rhode Island already have paid family and medical leave programs in place, and now Washington, Massachusetts and Washington, D.C. are set to join them over the next few years. Although the benefits portion of Washington’s program does not kick in until 2020, employers’ reporting and remitting of premiums for Quarters 1 and 2 are due between July 1 and July 31, 2019.
Masters v Cameron update
The Victorian Court of Appeal has recently handed down its decision in The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd.1 The case involved a dispute as to whether a letter of offer signed by both parties was a binding contract for the sale of property. Ultimately, because the letter of offer was ‘subject to the contract being executed’, the Court found that the letter was not binding.
ASX releases a revised version of Guidance Note 33 Removal of Entities from the ASX Official List
Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters
2018 saw a number of important trademark cases decided across the United States. Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark Trial and Appeal Board (“TTAB”). Royal Crown Co., Inc. v. The Coca-Cola Co., 892 F.3d 1358 (Fed. Cir. 2018) and Omaha Steaks Int’l, Inc. v. Greater Omaha Packing Co., 908 F.3d 1318 (Fed. Cir. 2018) showed that there is overlap in the analysis to be conducted under these two different legal theories and provides important lessons for practitioners to remember.