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Government
The ABC’s of Sovereign Immunity, by
Wallace and Hellums.
Sovereign immunity is a central component of any suit involving public entities. Whether suing or defending a governmental entity, attorneys must always be aware of the challenges and limitations that immunity places on not only the ability to bring suit against the entity, but also the types and amounts of damages that may be recovered.
The state of the law continues to evolve as the Texas legislature and courts redefine the scope and application of immunity both in tort and contract.
Texas.
6 pages. Written:
2009. Added:
2-17-2010.
State Bar of Texas
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Government
Targeting Election Fraud Incentives: “State Solicitation Of Registration” Laws Are Constitutional, by
Kimberly S. Loontjer.
Explains why state election boards have the constitutional authority to prohibit some forms of voter registration.
Federal.
4 pages. Written:
2009. Added:
10-29-2009.
Organization publication
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e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
6-03-2009.
FindLaw.com
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e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
5-31-2009.
FindLaw.com
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Criminal Procedure
Daubert Challenges to Experts in Federal Criminal Cases: An Overlooked Defense, by
Michael A. Morse; Alexandra C. Gaugler.
In our experience, mounting a Daubert challenge to the government’s expert is an essential part of a zealous, effective defense. Besides the potential for knocking out or limiting a key government witness, a thoughtful Daubert challenge can: (1) provide crucial insight into the government’s case; (2) expose weaknesses in the government’s theory; and (3) lock in the testimony of the government’s witness.
Non-Specific.
1 pages. Written:
2007. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
Challenging Pretrial Lis Pendens on Substitute Property, by
Richard L. Holcomb; David B. Smith.
The filing of lis pendens and procedures to challenge lis pendens are governed by the law of the state in which the property is located. Thus, the procedures obviously vary from state to state. Absent restraint on the government’s action from the federal courts, a lawyer could be forced to travel from state to state challenging various lis pendens filings. The matter is further complicated by the fact that the defendant and the lawyer may never know that a lis pendens has been filed. In United States v. Parrett, the government filed the lis pendens without notifying the defendant that the lis pendens had been filed.
Non-Specific.
1 pages. Written:
2008. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
The Stored Communications Act and Private E-Mail Communications, by
Martin C. Weinberg; Robert M. Goldtsein.
This article will discuss the relevant statutory sections, how and why the government’s use of the Act violates the Fourth Amendment and contradicts the Supreme Court’s well-seasoned “closed container” jurisprudence, and why the government’s arguments to the contrary are not persuasive. We will utilize the facts and arguments presented in Warshak for contextual flavor, as well as a paradigm to demonstrate the government’s narrow view of the Fourth Amendment and its expansive use of the SCA.
Non-Specific.
1 pages. Written:
2007. Added:
4-01-2009.
nacdl.org
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Criminal Procedure
Federal Law Issues in Obtaining Evidence Abroad -- Part Two, by
Linda Friedman Ramirez.
It is important for counsel to begin the process as soon as possible so that he or she can seek judicial intervention in the event of any unreasonable delay or denial. Moreover, this allows counsel to make an appropriate record for purposes of appeal if the government has unreasonably refused to grant a visa. In addition, if there is any possibility that the witness does not, in fact, want to testify and fails to cooperate with the visa application process, the defendant will be in a better position to argue that the witness is “unavailable” for purposes of Rule 15(a) of the Federal Rules of Criminal Procedure.
Non-Specific.
1 pages. Written:
2007. Added:
3-09-2009.
nacdl.org
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Criminal
"White Collar Crime: Bells Tolling for Selective Waiver", by
Kathryn Keneally.
The attorney-client privilege and work product immunity are vital to our criminal justice system. Those under investigation or facing criminal prosecution need to know that they can speak freely with counsel. Defense attorneys must be able to advise their clients with the most complete information possible, including those facts and concerns that their clients would not want to share publicly and have the right not to disclose to the government. Counsel also require the ability to investigate, research, and develop the evidence and strategy to defend a criminal matter free of intrusion by potentially adverse parties.
Non-Specific.
3 pages. Written:
2008. Added:
11-14-2008.
Nacdl.org
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Criminal
The 4th Amendment and Government Surveiillllance of Ellectroniic Communicatiions Has Technology Outrun the Constitution?, by
Lawrence P. Keller.
This presentation outlines:
A brief history of the 4th Amendment, The statutory scheme, Wiretap Act & Electronic Communications
Privacy Act, Stored Communications Act, and Recent developments.
Non-Specific.
21 pages. Written:
2007. Added:
10-05-2008.
smartech.gatech.edu
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Criminal
Maintaining Credibility in FCPA Investigations, by
Lee Stein.
How disclosure is handled will often decide whether the
government will devote some of its scarce resources to the matter, or will count instead on the company to provide
the government with information. This article provides some tips.
Non-Specific.
2 pages. Written:
2008. Added:
9-04-2008.
perkinscoie.com
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Government
Fifty Ways to Minimize Errors in Document Productions for Government Investigations, by
Dixie L. Johnson.
This article provides fifty ways to minimize errors and will demonstrate why this is required. Reducing the number to five or ten guiding principles, however, would avoid the level of detailed focus that today's document productions require.
Non-Specific.
5 pages. Written:
2008. Added:
7-04-2008.
www.ffhsj.com
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Criminal
Corporate Crime - Work Product Privilege And the Grand Jury, by
Howard W. Goldstein.
Much has been written over the last few years on the subject of the attorney-client and work product
privileges and, in particular, whether the government can, in effect, “penalize” a party for not waiving privilege in the context of an ongoing criminal investigation. The court in Grand Jury Subpoena may have reached the right result, but its opinion fails to grapple with some of the difficult issues inherent in the case.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
www.nylj.com
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Criminal
White Collar Crime: Bells Tolling for Selective Waiver, by
Kathryn Keneally.
The attorney-client privilege and work product immunity are vital to our criminal justice system. Those under investigation or facing criminal prosecution need to know that they can speak freely with counsel. Defense attorneys must be able to advise their clients with the most complete information possible, including those facts and concerns that their clients would not want to share publicly and have the right not to disclose to the government. Counsel also require the ability to investigate, research, and develop the evidence and strategy to defend a criminal matter free of intrusion by potentially adverse parties.
Non-Specific.
3 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
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Health Care
Physician Arrangements Get Device Makers In Trouble, by
Judith A. Waltz and Lena Robins.
Device manufacturers, following pharmaceutical manufacturers who in turn followed direct health care providers (such as hospitals and nursing facilities), are now the subject of increased government enforcement activity. An initial enforcement focus is the manufacturers’ relationships with physician thought leaders. Due care must be taken to assure compliance with all laws and regulations regarding such arrangements.
Non-Specific.
4 pages. Written:
2008. Added:
7-03-2008.
Portfolio Media, Inc.
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Criminal
Debate Over Lawyers' Role in Anti-Money Laundering Enforcement, by
Howard W. Goldstein.
Duty of lawyers representing financial institutions in the United States is almost solely toward their clients, in the European Union, lawyers have affirmative obligations to report suspected money-laundering activity to government authorities. Apart from the reasons advanced by the ABA against imposing gatekeeping obligations on lawyers, the Kuehne case graphically illustrates the new risks associated with gatekeeping.
Non-Specific.
1 pages. Written:
2008. Added:
7-02-2008.
Business Crimes Bulletin
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Government
"Beyond the Basics: Implementing an Anti-Bribery Program that Works" The Anti-Fraud Network, by
Kent J. Schmidt.
The U.S. Foreign Corrupt Practices Act (FCPA), which prohibits commercial bribery of foreign officials around the world, has been a part of the legal landscape for over three decades. With few exceptions, companies engaged in international commerce have responded to its requirements. Individuals charged with compliance responsibilities now realize that their first line of defence is to implement some type of corporate policy prohibiting bribery in connection with commercial transactions.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
www.dorsey.com
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Government
Foreign Corruption a Key Regulatory Concern for U.S. Companies, by
Kent J. Schmidt & Mandana Massoumi .
This articles presents a series of steps designed to help ensure compliance with the statute. First, they recommend preparation of a written policy that strongly prohibits any conduct implicating the FCPA. They also advise regular training sessions for company executives and managers on the requirements and scope of the policy. Finally, Schmidt and Massoumi suggest implementing an FCPA-compliant accounting program, that carefully documents marketing and other expenditures.
Non-Specific.
3 pages. Written:
2008. Added:
6-29-2008.
www.dorsey.com
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Intellectual Property
The Basics of Brand Identity and Trademarks, by
Kimbley L. Muller.
The law recognizes and protects a trademark as intangible, intellectual property that has value to the trademark owner. Federal law, known as the Lanham Act, protects marks registered with the U.S. government while state and common law that differ from state-to-state protect state registered and unregistered (common law) trademarks. Using trademarks to promote brands is critical as it helps create and maintain consumer demand.
Non-Specific.
12 pages. Written:
2007. Added:
6-28-2008.
texasbarcle.com
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Commercial
'Kay III’ Highlights Reach of FCPA to Payments Abroad, by
Michael J. Gilbert and William Gibson.
‘Kay III’ makes clear that payments to foreign government officials, even if they do not appear to be related in any direct way to obtaining business, may well be considered Foreign Corrupt Practices Act violations.
Non-Specific.
2 pages. Written:
2007. Added:
5-10-2008.
New York Law Journal
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Government
Crisis Management Responding to a Federal Investigation, by
Amy J. Conway-Hatcher.
This article describes Crisis management - Key considerations, Clues of a looming federal investigation, Crisis plans and internal investigations.
Federal.
18 pages. Written:
2008. Added:
5-07-2008.
Morgan Lewis
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Government
Dealing With Natural Gas Compliance Issues, by
Karol Lyn Newman.
Briefs about:
What are the most common natural gas
compliance issues today?
Those related to the Capacity Release Rules:
Shipper- M ust- Have-T itle
Buy/Sell Transactions
Roll-o vers of non-p osted capacity releases
Flips of non-p osted capacity releases
Tying arrangements
Non-Specific.
20 pages. Written:
2008. Added:
5-07-2008.
Morgan, Lewis & Bockius, LLP
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Government
Municipal Regulation: Enforcement within the City Limits and in the ETJ, by
Patty L. Akers.
This paper provides an overview of the enforcement of municipal ordinances, regulating the ETJ and other miscellaneous statutory provisions that authorize municipal regulation in the ETJ.
Non-Specific.
6 pages. Written:
2007. Added:
4-03-2008.
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Government
Claims Against Government Entities, by
Cobby A. Caputo and Brad Young.
This paper explores some of the significant defenses available to governmental entities and their officers and employees under state and federal law.
Non-Specific.
8 pages. Written:
2007. Added:
4-03-2008.
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Government
Land Use and Economic Development Challenges Affecting City Government, by
Patty L. Akers and Brad Young.
Discussion of economic development tools that may assist cities in land use regulation.
Non-Specific.
10 pages. Written:
2006. Added:
4-03-2008.
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Government
A Best-Practices Proposal for Compliance Officers, by
Michael G. Oxley and George A. Stamboulidis.
While the conquistador’s extreme tactic
is beyond the pale for modern businesses,
the notion survives that employees do
best when they have a tangible stake in
their employer’s economic success. Today
that motivation often manifests itself as
“incentive-based” compensation, such as
employee stock options.
Non-Specific.
2 pages. Written:
2007. Added:
4-02-2008.
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Information Law and Privacy
Do Privacy Rights Extend to International Travelers?, by
Ronald Lee, Robert Litt, and Stephen Marsh.
International travelers may be surprised to learn that the U.S. government claims the authority to review the contents of laptop computers, Blackberries, PDAs, cellphones, and other electronic storage devices when a person enters this country. The assertion of this far-reaching authority by the
government raises a number of legal issues.
Non-Specific.
6 pages. Written:
2008. Added:
3-12-2008.
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Environmental
Climate Change and the Environmental Impact Review Process, by
Michael B. Gerrard.
In the explosion of modern environmental law that occurred in the 1970s, the first major statute was the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321–4347, signed into law by President Richard M. Nixon on January 1, 1970. All of these laws were designed to require governments to
consider environmental issues in their decisions.
Non-Specific.
5 pages. Written:
2008. Added:
3-12-2008.
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Environmental
Ramifications of Massachusetts v. EPA: Will Congress or EPA Act First?, by
Jonathan S. Martel and Clara A. Vondrich.
The future of greenhouse gas controls in the United States is the subject of an intensifying interplay among all three branches of the federal government and the states. As litigation, regulation & legislation continue to create uncertainty, the stakes for industry and public are high, and caution in business planning now and in future is critical.
Non-Specific.
13 pages. Written:
2008. Added:
3-12-2008.
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Intellectual Property
U.S. Customs Enforcement of Intellectual Property Rights, by
Robert L. Soza, Jr..
This presentation describes U.S. Customs & Border Protection (CBP) IPR Enforcement CBP devotes substantial resources to target, intercept, detain, seize and forfeit shipments of IPR-violative goods.
These enforcement goals are accomplished through the cooperative efforts of CBP enforcement officers, other government agencies, etc.
Non-Specific.
28 pages. Written:
2007. Added:
3-08-2008.
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e-Discovery
e-Discovery & Preservation - Take Control!, by
Tom O'Connor.
When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve
potentially relevant evidence and prevent spoliation or the willful or inadvertent destruction or alteration.
Non-Specific.
2 pages. Written:
2005. Added:
8-28-2007.
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Criminal
The Crime Of Doing Nothing: Strict Liability For Corporate Officers Under The Fdca, by
Brent J. Gurney, Howard M. Shapiro, Robert A. Mays.
In this Article, we discuss the history of the misdemeanor provision and an alarming
contrary use of the provision in a recent case in which the government decided misdemeanor charges were justified in the absence of these factors.
Non-Specific.
21 pages. Written:
2006. Added:
8-02-2007.
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Employment and Labor
A Growing Source Of Litigation Involving Governmental Employers, by
Cobby A. Caputo.
Retaliation claims are often more serious than discrimination claims that they accompany & can expose an employer to tremendous liability. Obviously, best
practice is not to retaliate in any manner against an employee who has exercised his/her rights under an antidiscrimination
statute or who has exercised their constitutionally protected rights.
Non-Specific.
13 pages. Written:
2007. Added:
6-21-2007.
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Government
Officeholder Duties And Immunity, by
Myra A. McDaniel.
In general, suits brought against public servants in their official capacity are considered suits against the
governmental entity. Normally governmental entities “performing governmental functions are immune from suit unless their immunity has been waived by statute or unless there is a common-law exception.”
Texas.
6 pages. Written:
2006. Added:
6-20-2007.
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Employment and Labor
Another Day Off? Nuts & Bolts of Employee Leave, by
Catherine Brown Fryer.
The purpose of this paper is to identify the various types of employee leave that units of local government may or must provide to employees and to assist you in the development of personnel policies governing the taking of such leave. Please note that this paper does not address issues related to
municipal or county civil service.
Non-Specific.
27 pages. Written:
2005. Added:
6-20-2007.
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Employment and Labor
A Primer On The Freedom Of Religious Expression In Public Workplaces, by
Denise Nance Pierce.
The First Amendment applies equally to states and to political subdivisions. Therefore, local
governments must be careful to protect the First Amendment rights of their employees and patrons. The right to free exercise of religion often overlaps with the freedoms of speech and association.
Non-Specific.
13 pages. Written:
2006. Added:
6-20-2007.
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Criminal
White Collar Crime: Tax Crimes: More Aggressive Government Policies and Practices, by
Kathryn Keneally.
Thus to convict a defendant under these statutes, the government must prove that the defendant acted "willfully" which the Supreme Court has consistently held to require "the Government to prove that the law imposed a duty on the defendant, that the defendant knew of this duty, and that he voluntarily and intentionally violated that duty."
Non-Specific.
3 pages. Written:
2006. Added:
4-29-2007.
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Qui Tam and False Claims Act
CME and the Washington Health Care Debates: Demystifying the Policies, Politics, and Press Coverage, by
John F. Kamp, PhD, JD, Judith G. Ribble, PhD.
It’’s about:
FDA Marketing Rules, esp. “off label” promos
HHS IG Investigations of “Illegal”
inducements for government payments
False Claims Act
Anti-kickback Acts
Congressional Inquiries on industry ethics
Non-Specific.
34 pages. Written:
2007. Added:
4-26-2007.
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Qui Tam and False Claims Act
The False Claims Act & Health Care Fraud, by
Latour “LT” Lafferty, Esquire, Sean R. McKenna, AUSA.
• Overview of the False Claims Act (FCA)
• Application of FCA to healthcare industry
• Case study & benefits of compliance
• Awareness & understanding of:
– DOJ’s broad regulatory enforcement authority
– FCA’s context w/in government’s current
enforcement paradigm
Non-Specific.
30 pages. Written:
2007. Added:
4-26-2007.
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Alternative Dispute Resolution
Developments in International Commercial Arbitration in Asia, by
David Howell.
Rapid economic development has spurred the adoption or updating of arbitration laws throughout Asia. Governments intent on attracting foreign investment and trade well recognise the attraction of a reliable dispute resolution regime in a highly competitive regional environment.
International.
22 pages. Written:
2007. Added:
4-26-2007.
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e-Discovery
Think of the Corporate Office As a Potential Crime Scene?, by
Ronald L. Marmer & Andrew Weissmann.
A gap often exists between the expectations
of the government and corporations when
it comes to document production. Failure
to understand the world views of prosecutors and regulators can lead to corporations making decisions they later may regret.
Non-Specific.
2 pages. Written:
2006. Added:
4-18-2007.
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Health Care
The Changing Landscape of Medicaid Fraud Compliance, by
Linda A. Malek & Sam Servello.
There is a fundamental transformation presently occurring in the area of Medicaid fraud detection & enforcement on both federal & state levels. This transformation is necessitated in large part by fact that 41-year-old program funded by both federal & state monies grew to an estimated $300 billion in 2006, $192 billion was funded by fed government.
Non-Specific.
2 pages. Written:
2006. Added:
4-18-2007.
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Government
Military Personnel and Family Law: Notice, Custody, Finances, and Civil Relief, by
Diane C. Howard.
Articles discusses the malpractice pit created by
complex and typically unknown federally regulations controlling military divorce, marital and divorce issues
Non-Specific.
14 pages. Written:
2006. Added:
4-09-2007.
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Litigation Support
Lone Starts: Enron Trial Support and the Specialists Who Made It Happen, by
Sean Keefer.
An attorney for the federal government is deep into the cross examination of a Plaintiff’s witness when a document is referenced, a document that isn’t in evidence. Anyone who’s stepped onto a dance floor knows that a waltz, a tango, and a two-step all require partners to move in sync.
Non-Specific.
25 pages. Written:
2006. Added:
3-30-2007.
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Criminal
White-Collar Crime: The Crash Course, by
Solomon L. Wisenberg.
Article focuses on the real-world defense of individuals, as opposed to corporations, during the pre-indictment criminal procedure stage of a federal white-collar crime investigation. Most large companies can avoid indictment by cooperating with the federal government and waiving the attorney-client privilege.
Non-Specific.
10 pages. Written:
2005. Added:
3-23-2007.
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Employment and Labor
First Amendment Protection for the Public Employee, by
Rand C. Eddy and Sherri Carver.
Practitioners advising government employees facing employment-related issues should be aware of First Amendment protections requiring an analysis of a variety of factors and issues. Evaluating and litigating a First Amendment claim is more challenging than handling a Title VII claim of employment discrimination.
Federal.
5 pages. Written:
2006. Added:
3-22-2007.
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Jurisdiction and Venue
Holding Battlefield Contractor's Accountable: Federal Removal Protects Federal Interests, by
David C. Hammond.
When casualties result in civil lawsuits alleging contractor negligence while supporting the U.S. government or military operations, the procedural protection of
“removal” to a federal forum is necessary to protect significant and intertwined federal interests.
Federal.
4 pages. Written:
2006. Added:
3-22-2007.
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Alternative Dispute Resolution
Investor-State Arbitration: An Increasingly Powerful Tool For Resolving Disputes With Sovereigns, by
Ethan G. Shenkman.
Arbitration is increasingly becoming a powerful tool for resolving disputes with governments, too, thanks to the ever-growing number of international investment agreements around the globe and a growing body of international law that has interpreted these agreements expansively.
Non-U.S..
6 pages. Written:
2006. Added:
3-22-2007.
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Energy
Basic Petroleum Technology, by
University of Utah Law School.
So why is state government involved in
regulating petroleum development?
Evolution of U.S. Oil and Gas
Development.
State duties related to petroleum
regulation.
Non-Specific.
30 pages. Written:
2006. Added:
3-20-2007.
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Government
The first 72 hours of a government investigation: A guide to identifying issues and avoiding mistakes, by
Sheila Finnegan.
provides a checklist of issues that general counsel and others inside a corporation should consider in the initial hours and days after learning of a government investigation. Ms. Finnegan highlights the competing concerns that must be recognized and weighed in order to make well-informed decisions and avoid costly mistakes.
Non-Specific.
60 pages. Written:
2006. Added:
3-18-2007.
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