Category Archives: Volume 14-1

FOREIGN CORRUPTION BY PAYMENT OF LEGAL BILLS: GUIDANCE ON PROACTIVE DETECTION OF FCPA VIOLATIONS VIA PAYMENTS TO OUTSIDE LEGAL COUNSEL

ZACHARY D. CREGAR, ESQ.

This article will highlight the unique risks of foreign bribes disguised as legitimate payment of legal bills to outside counsel, in violation of the Foreign Corrupt Practices Act. Further, this article will outline reasonable measures to create a proactive outside counsel supervisory and legal bill auditing agenda in order to prevent corrupt payments of this nature before they are made.Continue Reading>

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THE UNITED STATES SUPREME COURT GIVES A BROAD INTERPRETATION TO THE ANTI-RETALIATION PROVISION OF THE FAIR LABOR STANDARDS ACT OF 1938 BY RULING THAT THE PROVISION INCLUDES BOTH WRITTEN AND ORAL COMPLAINTS, BUT DECLINED TO RULE ON WHETHER THE PROVISION COVERS INTERNAL COMPLAINTS MADE TO PRIVATE EMPLOYERS: KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORP.

JORIE BAGNATO

In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court gave a broad interpretation to the anti-retaliation provision of the Fair Labor Standards Act of 19381 (herein-after referred to as the “Act”) by ruling that the provision punishing employers who discharge employees for filing complaints includes both written and oral complaints. The Court, however, declined to rule on whether that provision strictly covers complaints made to judi-cial or administrative bodies, or if internal complaints made to private employers are also covered under the Act.
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THE UNITED STATES SUPREME COURT HOLDS THAT EXEMPTION 7(C) OF THE FREEDOM OF INFORMATION ACT DOES NOT APPLY TO CORPORATIONS: FCC V. AT & T INC.

JOSH BRICK

In FCC v. AT & T Inc., the United States Supreme Court held that Exemption 7(C) of the Freedom of Information Act (hereinafter re-ferred to as “Exemption 7(C)”) is not applicable to corporations. The Court reasoned that corporations do not possess an interest in “personal privacy” under Exemption 7(C).
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THE LEGACY OF THE ANNA NICOLE SMITH CASE IN BANKRUPTCY COURTS

JAMIE G. FILLIPPI

Bankruptcy is becoming the last resort for millions of Americans to achieve a “clean slate” and wipe away previous debts in order to start their lives anew. The sheer number of bankruptcy cases filed in 2010 is staggering – almost 1.6 million filings – compared to a typical fed-eral district court docket, which has a yearly average of around 280,000 civil cases and 78,000 criminal cases.
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HOW MUCH DOES QUALITY COST? ANALYZING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT’S VALUE-BASED PURCHASING PROVISION AND HOW IT COULD AFFECT THE DELIVERY OF CARE BY HOSPITALS

KAREN KANE

The demand for increased access and lower costs for medical care has been the impetus for change in the healthcare industry over the past few years. On March 23, 2010, significant changes in the delivery of healthcare were realized when President Barack Obama signed the Patient Protection and Affordable Care Act (hereinafter referred to as “PPACA”) into law.
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A LOOK AT THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT’S HEAVY HANDED APPLICATION OF QUASI-JUDICIAL IMMUNITY: KEYSTONE REDEVELOPMENT PARTNERS, LLC V. DECKER

JEFFREY KRANKING

When deciding Keystone Redevelopment Partners, LLC v. Decker, the United States Court of Appeals for the Third Circuit upheld a line of decisions that misconstrues the functional comparability test used for administering absolute, quasi-judicial immunity. Ultimately, the appellate court and others before it have ignored the reasoning used for this test, reasoning that has served as the backbone for traditional immunity decisions.
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