President Issues Executive Order Creating Interagency Work Group On Fracking

Posted on April 17, 2012 by Joe Koncelik

On April 13th, President Obama issued an Executive Order creating a federal inter-agency task to coordinate efforts on oversight of horizontal well drilling and hydraulic fracturing for natural gas.  Method such as hydraulic fracturing (i.e. “fracking”) have allowed access to massive new deposits of natural gas bring the price down for natural gas to historic lows.  Full Story

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Whistleblower

Dr. Frederic Whitehurst and the Failed FBI Crime Lab

Posted on April 17, 2012 by Owen Dunn

Washington Post readers found out this morning that the Justice Department has been withholding information for years about hundreds or even thousands of cases that were tainted by faulty forensic work in the FBI Crime Lab. The front-page feature was based in large part on the work of Dr. Frederic Whitehurst, an NWC Board Member who was one of the FBI’s top scientists during the period of misconduct. Full Story

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FCC: Google’s Collection of Unencrypted Data Does Not Violate Communications Act

Posted on April 17, 2012 by Davis Wright Tremaine

In a Notice of Apparent Liability (NAL) issued yesterday by the Federal Communications Commission (FCC) against Google, the FCC found that Google’s collection of unencrypted data obtained from Wi-Fi networks in its Street View project did not violate the Communications Act provision that prohibits the unauthorized interception and either use or publication of radio communications. Full Story

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Who Gets to Decide What Low-Income Americans Eat?

Who Gets to Decide What Low-Income Americans Eat?

Posted on April 17, 2012 by Michele Host

With 35.7 percent of America’s adults and one third of America’s youth qualifying as overweight or obese, we’re all getting a lot of advice about how we should be eating. This question becomes particularly tricky for low-income Americans who receive food assistance through the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as food stamps. Full Story

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Supreme Court Rejects Jeffrey Skilling’s Appeal Seeking New Trial

Supreme Court Rejects Jeffrey Skilling’s Appeal Seeking New Trial

Posted on April 17, 2012 by Brian Zeeck

Jeffrey Skilling, the former CEO of Enron Corp. is officially out of options for challenging his 2006 conviction on charges of conspiracy, securities fraud, insider trading and lying to auditors.  The very public former head of the failed accounting firm, who is currently serving a 26-year sentence in federal prison in Colorado, had obtained a victory before the Supreme Court in 2010 in a highly publicized decision in which the Supreme Court ruled that Skilling could not be convicted for “honest services” fraud where his actions did not involve any bribery or kickbacks. Full Story

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Brinker Restaurant Corp

California’s Supreme Court Delivers a Victory for Employers in Brinker V. Superior Court: LXBN Roundtable

Posted on April 17, 2012 by Jared Sulzdorf

Four years and six months; about a week shy of 1,650 days.  That’s how long Brinker Restaurant Corp. v. Superior Court languished in the darkness and uncertainty that is the appeals process.  While members of the class representing the employees undoubtedly moved on with their lives in one way or another, and other similar cases ended in settlement agreements, Brinker moved slowly ahead, and everyone waited.  On April 12, 2012 that wait finally ended as the California Supreme Court issued a verdict that gave many Californian business owners a reason to breath a sigh of relief. Full Story

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Professional Purgatory: Beware Brave Whistleblowers

Posted on April 17, 2012 by Steven Berk

Beware, whistleblowers.  Once you attempt to point out wrongdoing, your company  will more than likely come back at you hard.  And when they do, be careful because the retaliation will be stealth-like.  Protecting whistleblowers has become a priority in the Dodd-Frank era, so they don’t berate you, or fire you, or demote you.  Full Story

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Roger Clemens Trial Redux

Roger Clemens Trial Redux

Posted on April 17, 2012 by Lee Davis

After an unsuccessful first attempt at prosecuting Roger Clemens for lying before Congress the government began its second attempt this week. Prosecutors fumbled the first time after only a few days when the judge, Reggie Walton of the U.S. District Court, declared a mistrial after the prosecution showed jurors evidence that had been declared inadmissible. Prosecutors are facing  pressureto secure a guilty verdict after a string of unsuccessful attempts to convict athletes from performance enhancing drug investigations

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