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Corporate Internal Investigations In The 21st Century: Proceed With Caution
The internal investigation has become a well-accepted feature of the corporate legal landscape over the last 25 years. Building upon the Supreme Court's decision in Upjohn Co. v. United States, 449 U.S. 383 (1981), courts accorded more and more protection to the corporation's lawyers in conducting...
Read MoreLowenstein Sandler: A Continuing Commitment To Pro Bono Service
Editor: How long have you been the Chair of the Pro Bono Committee at the firm? Boneberg: I became the Chair in January 2004. Editor: What does the Pro Bono Committee do and what is your role as Chair? Boneberg: The Committee recommends pro bono policies, goals, and strategies for the firm, and...
Read MoreNew Jersey Domestic Partnership Act: Impact On Employer-Sponsored Health Plans
New Jersey has joined a small but growing number of states (including Massachusetts, Vermont, California and Hawaii) by creating and recognizing the legal status of domestic partnerships. On January 12, 2004, New Jersey Governor James McGreevey signed into law the Domestic Partnership Act (the "Act...
Read MorePractical Insurance Tips For Risk Managers and In-House Lawyers
All insurance policies are not the same. For any given type of policy, numerous different "standard forms" exist. Moreover, the standard forms provide a bare minimum starting point for coverage. A company should (1) have its policy endorsed to substitute better policy provisions where possible, and...
Read MoreSarbanes-Oxley Strikes . . . . The First Whistle Has Been Blown
When the Sarbanes-Oxley Act (the "Act" or "Sarbanes-Oxley") was enacted in 2002, it was inevitable the day would arrive when an employee would attempt to use the Act's whistleblower provisions against his publicly-traded employer. Although New Jersey's Conscientious Employee Protection Act ("CEPA...
Read MoreContribution Confusion: The Supreme Court Is Set To Decide When A CERCLA Contribution Claim Can Be Made
Does CERCLA § 113(f) allow a potentially responsible party ("PRP") to seek contribution for environmental cleanup costs when the government has not taken any enforcement pursuant to CERCLA §§106 or 107(a)?Until recently, the unanimous view of the federal courts was yes.However, one recent...
Read MoreAre Physician Post-Employment Noncompete Agreements Enforceable?
In this increasingly mobile society, employers are turning more frequently to noncompete agreements, which prohibit their professional employees from competing with the employer in a certain geographic area and for a certain period of time following termination of employment. The medical profession...
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