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Articles Posted in Business Litigation

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Justice Department Guidance on Corporate Compliance Programs

  The Justice Department Criminal Division recently released guidance on what it considers when deciding how a corporation’s compliance program factors into its investigation and the ultimate decision as to whether to bring charges, negotiate pleas or enter into other agreements with corporations under investigation.    The Evaluation of Corporate…

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Voice Recordings Violate the GDPR?

Computer Code Voice recordings violate the General Data Protection Regulation (GDPR) when companies fail to provide callers the ability to opt out according to a ruling earlier this month by the Denmark Data Protection Authority.  Under the GDPR, voice recordings are considered personal data.  Therefore, companies that communicate with EU…

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DEPARTMENT OF LABOR’S NEW UNPAID INTERN TEST

Photo: Doug Leavitt     Last month the Department of Labor’s Wage and Hour Division officially rejected the 6-part test it had been using to determine if an employer who had an unpaid intern was violating the Fair Labor Standards Act (FLSA).    Going forward the DOL will employ a…

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Non-Disclosure Agreements – Employee Solicitation

Non-Disclosure Agreements – Protect Your Employees This week I reviewed three Non-Disclosure Agreements and was surprised when two of the NDAs were silent regarding employee solicitation. Working with clients over the years I have found that in virtually every successful company, it is almost always the employees, along with the…

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Attorney Fees in NJ Litigation

The American Rule In the United States, each party is responsible for its own legal fees.  This is known as the “American Rule.”  In other countries, the U.K. for example, the loosing party is responsible for the winner’s legal fees.  This critical difference in approach to the general legal framework explains…

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PA 2017 Tax Amnesty Program

What is the Pennsylvania tax amnesty program? Tax amnesty  is a program where taxpayers (businesses and individuals) who owe outstanding taxes can settle with the Pennsylvania Department of Revenue (“Department”) by paying less than what is owed.  Under the  program, if the taxpayer pays the entire amount of the outstanding…

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Dangers in Your Commercial Lease- The Confession of Judgment Clause

A recent court decision from the Philadelphia Courts should cause anyone with a commercial lease to review their contracts.  The issue in this case required the court to determine if a confession of judgment clause in a commercial lease was enforceable.  The Court ruled the confession of judgment clause was…

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Bankruptcy and Sheriff Sale Purchases

As a professional real estate developer or someone with an interest in purchasing real estate at a sheriff sale, you need to understand how the bankruptcy and foreclosure laws work together.  Foreclosure is a process by which a private party (a bank for example) or a municipality bring a lawsuit…

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