Global Economy, Competitiveness, Government Policy, Risk & Compliance, Legal, Intellectual Property, Patents, Patent Protection
Intellectual property is the driving force and number one asset of every manufacturing company. It’s why Coke locks its secret recipe in a vault. Why Apple and Samsung pursue multiyear, multimillion-dollar litigation.
The U.S. Court of Appeals for the Fifth Circuit has held that a provision in the Dodd-Frank Act protecting whistleblowers from employer retaliation does not cover individuals who communicate possible securities law violations only within their company, not to the SEC. The court noted that the definition of “whistleblower” in the statute expressly requires such individuals to provide information relating to a violation of the securities laws to the commission. The court declined to accept a reading of the statute that would extend whistleblower protection to individuals who make the kinds of disclosures about securities laws violations mentioned in another provision of the statute, irrespective of whether they provide information to the SEC.
Global Economy, Competitiveness, Government Policy, Leadership, Human Resources, Employee Relations, Risk & Compliance, Legal, Labor & Employment Practices
Are the off-duty sexual activities of your employees part of your enterprise risk analysis? If not, they probably should be. Sex is a big business and its illicit progeny—sex slavery and human trafficking—are rapidly growing as well. One strategy to stop these atrocities is to dry up the customer base, which governments are attempting to accomplish by holding companies legally and financially accountable for employees' sexual activities.
If imitation is the sincerest form of flattery, the UK is positively infatuated with the United States. Two years ago, the UK essentially copied U.S. anti-corruption laws by adopting the UK Bribery Act—a British version of the Foreign Corrupt Practices Act—to criminalize corporate corruption. The UK has seemingly dusted off its copiers again in the form of newly adopted legislation creating deferred prosecution agreements and allowing their use starting in early 2014. This is good news for global companies operating in the UK because it provides a legal “middle ground” for companies to cure a recognized financial misstep, including bribery, fraud, or money laundering.
Global Economy, Economic Environment, Labor, Leadership, Human Resources, Recruiting & Hiring, Risk & Compliance, Legal, Labor & Employment Practices
Colorado law's prohibits employers from terminating employees for engaging in lawful activities (marijuana possession and use) off the employer’s premises during nonworking hours unless the employer’s decision relates to a bona fide occupational qualification, the employee’s specific duties, or the employer’s efforts to avoid a conflict of interest. However, the Colorado law expressly states that marijuana legalization does not affect the right of employers to maintain a drug-free workplace.