InsideCounsel Magazine November 2012
Features
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Employers must choose to pay or play under the Affordable Care Act
Companies weigh their options under the health care law
From The Editor
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Preparation is essential when doing business overseas
Planning a vacation is an apt analogy for a company venturing into China
Inside Perspective
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The Supreme Court’s decision in U.S. v. Jones may influence the evolution of privacy rules and practices
Individuals share information with some people, but that does not mean they are comfortable sharing it with all people
Ethical Insights
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The GC's role in ethics can be lonely
Serving an ethical company and getting support from other lawyers is invaluable
Litigation
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Company loses millions in dispute with litigation portfolio outsourcer
Case reminds in-house counsel to scrutinize all contracts
IP
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Gene case a big win for biotech industry
Association For Molecular Pathology v. U.S. Patent and Trademark Office is a victory for companies with DNA patents, but the case could return to the Supreme Court
Regulatory
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SEC makes first whistleblower payment under Dodd-Frank program
Anonymous tipster receives $50,000
Labor
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NLRB, EEOC challenge confidential internal investigations
Experts say employers should determine confidentiality on a case-by-case basis to avoid liability
Global
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Supreme Court of India limits reach of judiciary into international arbitrations
Landmark decision could provide comfort to foreign investors
Technology
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Apple, Samsung narrowly escape adverse inference instruction
Both companies risked sanctions by failing to preserve email in billion-dollar patent case
Profile
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Jonathan Gottsegen followed his goals all the way to the top legal spot at United Rentals
This GC knew he wanted a life and business, and law was the perfect gateway
Circuits
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1st Circuit makes it harder to avoid class arbitration
A growing group of courts are narrowing the reach of Stolt-Nielsen
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6th Circuit rules that counseling recommendation violated the ADA
Court's ruling focused on the definition of recommended medical examinations
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Disagreement with clinical trial methodology insufficient to claim fraud
9th Circuit offers protection to companies using judgment that could extend beyond the pharmaceutical industry
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Roundup: 7th, 8th, 10th and 11th Circuits
ADEA not only remedy for federal age discrimination claims; Corporate political spending disclosure law temporarily blocked; Document delay is unfair labor practice; Damages key issue in class certification case
Inside Non-Profits
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Political rhetoric dividing "makers" and "takers" is wrong
There is no divide between the do-gooders and the wealth-makers
Career Talk
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In-house career changes
Notable moves in the corporate legal world
Paying It Forward
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How to create and maintain a sustainable pro bono program
Corporate Pro Bono offers legal departments advice on establishing aid
Online Exclusive
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Are mass email searches necessary?
Experts question whether far-reaching discovery was necessary in patent dispute between Apple and Samsung
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Court clarifies standard for SEC aiding and abetting claims
2nd Circuit rejects standard that would have required agency to establish proximate causation to satisfy "substantial assistance" test
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An update on environmental law in China
Lester Ross, a partner in WilmerHale’s Beijing office, discusses developments in the environmental sector
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Sears, Darden Restaurants announce defined-contribution programs for employee health benefits
Two companies take step toward defining new model in employee health care benefits
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