Government’s Burden to Prove Facts Underlying Criminal Fines Is Heightened
June 25, 2012
The Supreme Court provided corporations and their officers and directors an important new tool in responding to criminal charges by holding that juries, not judges,...
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NLRB Acting General Counsel Publishes 'Safe Harbor' Social Media Policy
June 21, 2012
As we have previously advised, the Office of the General Counsel of the National Labor Relations Board (NLRB) currently is focused on employer efforts to regulate...
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M&A in 2012: Reverse Break-Up Fees
June 21, 2012
A key consideration in M&A deals is what happens if the deal fails to close. Specific performance and reverse break-up fees are central to this topic.
Review...
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Pay-for-Delay: Still a Critical Antitrust Enforcement Priority
June 21, 2012
On Monday, June 11, 2012, the Federal Trade Commission continued its lengthy and aggressive challenge to pay-for-delay settlement agreements by petitioning the Eleventh...
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Supreme Court Rejects DOL’s Attempt to Narrow Outside Salesperson Exemption
June 19, 2012
U.S. Supreme Court Holds Pharmaceutical Reps Are Exempt from Overtime
In one of its most highly anticipated decisions this term, the United States Supreme...
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Texas Supreme Court Refuses to Apply Direct-to-Consumer Advertising Exception to the Learned Intermediary Doctrine
June 18, 2012
Introduction
The learned intermediary doctrine remains alive and well in Texas. In an important decision for the pharmaceutical industry, the Texas Supreme Court...
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EPA Proposes More Stringent NAAQS for Fine Particulate Matter and Visibility Impairment
June 18, 2012
On June 15, 2012, the United States Environmental Protection Agency (EPA) announced a proposed rule that would increase the stringency of the primary annual National...
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The 2012 JOBS Act: Fundamentally Changing the Way Companies Raise Capital
June 07, 2012
Recent changes in securities laws effect venture capital firms, angel investment groups, start up and early stage technology companies and emerging growth companies...
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Labor and Employment Law Update
June 06, 2012
Review the presentation materials from Fulbright's second labor and employment breakfast seminar of 2012. This program focused on the most important recent...
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Fulbright Picks Up Ex-Bracewell Labor Guru
June 6, 2012
Fulbright & Jaworski LLP has boosted the ranks of its San Antonio labor and employment practice with the addition of a partner with discrimination and whistleblower...
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Fulbright Forum: The JOBS Act of 2012 – Evaluating Its Qualifications to Fill a Funding Need
June 5, 2012
The enactment of the JOBS Act on April 5, 2012 brings with it many changes in regulatory burdens that affect emerging growth companies. These changes will have...
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Supreme Court Affirms Seventh Circuit’s Credit Bidding Ruling in RadLAX Gateway Hotel LLC, et al. v. Amalgamated Bank
June 5, 2012
In the highly anticipated decision of RadLAX Gateway Hotel LLC, et al. v. Amalgamated Bank , U.S., No. 11-166, the United States Supreme Court resolved a split between...
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What Are "Covered Recipients" and How Does That Affect Reporting?
June 5, 2012
"Physician"
In defining the term "physician," both the statute and the proposed rule referred to section 1861(r) of the Social Security Act (&quo...
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Section 8(B) of RESPA Requires “Split” of a Fee Between Two or More Persons
May 25, 2012
The United States Supreme Court issued a significant opinion this week for the residential mortgage industry in Freeman v. Quicken Loans, Inc. , No. 10-1042 (May 24,...
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The OFCCP’s New Compliance Developments
May 24, 2012
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Under the Obama Administration, the Office of Federal Contract Compliance Programs (OFCCP) has been at a peak in activity and new aggressive compliance initiatives...
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