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investigations and enforcements
DOJ Says OK to Buy First, Investigate Later
On June 13, 2008, the Department of Justice ("DOJ") issued Opinion Procedure Release 08-02 which allowed Halliburton Company ("Halliburton") to acquire Expro International Group, PLC ("Expro"), a foreign (U.K.) corporation with potential Foreign Corrupt Practices Act...
A Single "At Will" Clause Does Not An Employee Make
On September 15, 2008, a California Court of Appeal decided the case of Varisco v. Gateway Science and Engineering, Inc., holding that - where all other indicators point to a valid independent contractor relationship - a single clause in a contract allowing either party to terminate the...
California Amends Corporations Law To Accommodate The SEC'S E-Proxy Rules By Allowing Electronic Delivery Of Annual Reports Without Prior Shareholder Consent
California has amended its corporations law to accommodate the SEC's e-proxy rules. The amendment permits corporations to comply with the annual report delivery requirements under California law by complying with the federal rules permitting the electronic delivery of annual reports and proxy...
Retailers Face Surge of Lawsuits Over Asking For Zip Codes During Credit Card Transactions and Requesting Personal Information During Merchandise Returns
California's Song-Beverly Credit Card Act prohibits the requesting and recording of personal information in connection with credit card transactions. The statute provides for civil penalties "not to exceed two hundred fifty dollars ($250) for the first violation and one thousand dollars...
Ninth Circuit Allows Reinstatement Of Criminal Fraud Charges Against Defendants Who Voluntarily Cooperated With SEC Investigators
In United States v. Stringer, 2008 WL 901563 (9th Cir. Apr. 4, 2008), the United States Court of Appeals for the Ninth Circuit vacated a final order of the United States District Court for the District of Oregon that had dismissed criminal indictments against three individual defendants. ...