Federal Law Articles
Legal articles about Federal Law
published by law firms to help you understand your rights
What Damages Can I Receive in a Telephone Consumer Protection Act Claim?
By HG.org
Damages for any civil lawsuit generally depend on what happened, the extent of the injury and the value of the claim. The damages are calculated by the plaintiff's lawyer alone or with another professional. Understanding what damages the affected person can receive may depend on how much the TCPA relates to the individual or if there are multiple incursions with different agencies.
DMDC Bill 2023 in India: An Attempt at Modernizing the Regime Governing Medical Products
The Drugs, Medical Devices and Cosmetics Bill, 2023 (Drugs Bill) seeks to replace the Drugs and Cosmetics Act, 1940 as the law governing the manufacture, sale and distribution of drugs, medical devices and cosmetics. The Drugs Bill aims to adapt to the changing landscape of medical products, considering a growing global focus towards health and medication, and an advancement in technology. In this update, we have analyzed the key features of the Drugs Bill.
The Cambodian Pension Scheme
By BNG Legal
The National Social Security Fund (“NSSF”) has long been established to provide security for employees in Cambodia. Whilst initially focusing on health insurance, in recent years it has expanded into also providing pension provisions. Sub-Decree No. 32 on the Social Security Scheme on Pension for Persons Defined by the Provisions of the Labour Law, promulgated on 04 March 2019 initiated this shift, and its provisions have been clarified in further Sub-Decrees and Prakas. This newsletter will explore the requirements of employers, the benefits of employees and the implementation of the law.
Amendments to Employment Law in Malta: What You Need to Know – Part II
Part 2 – The Regulations
Scope and Application
The amendments emerging from the Transparent and Predictable Working Conditions Regulations apply to all employees in the EU who possess an employment contract, collective agreements or practice as employees in each Member State (MS). Some parts of the Regulations also apply to seafarers and sea fishermen.
The rights and obligations delineated in the Regulations are to apply to ALL employment relationships retrospectively, by 1st August 2022. Further, if a collective agreement is introduced or implement and is more favourable than the Regulations, then the collective agreement will override.
Amendments to Employment Law in Malta: What You Need to Know – Part I
Act no. XX of 2022 came into force on the 20th of December 2022, to amend the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta), partially transposing EU Directive 2019/1152 on transparent and predictable working conditions in the European Union. The latter considers the main conditions of work within an employee and employer relationship, including minimum rights on working time, information provided to the employee, parallel employment and probation.
Can Law Enforcement Enter Someone Else’s Property to Arrest a Suspect?
By HG.org
Law enforcement may arrest someone who is on the private property of another. When this occurs, however, there typically must be additional steps that law enforcement must follow to execute the arrest legally. Suspects should understand how being arrested in a third party’s residence may impact their civil liberties.
India: Overview of The Constitution (scheduled Caste) Order, 1950
By Prime Legal
India is home to rich diversity, housing several groups of people from different backgrounds. However, the existence of so many multiple groups has led to hierarchies, discrimination, and domination of certain groups.
Hierarchy and discrimination on the grounds of caste has long been existent in the Indian Society. Mentions of the hierarchical organization of society on the basis of caste can be found in the Ancient scriptures.
People belonging to the lower castes have faced, and continue to face inhumane treatment, by those who belong to ‘higher castes. These atrocities that are committed against a particular caste have imposed an obligation on the State to take measures and make policies for the protection, well being, and rehabilitation of these groups of people into the society.
How to Select the Best Whistleblower Lawyer for Your Case
By Brown, LLC
If you are considering blowing the whistle on fraud, waste, or abuse in your workplace, or against an entity that is defrauding the federal government or committing securities violations, you need an experienced whistleblower lawyer to protect your rights and interests. Whistleblower cases can be complex and involve sensitive information, so you want to make sure you choose the best lawyer for your case. Here are some factors to consider when determining who is the best whistleblower lawyer for your case:
Five Successful Whistleblower Programs in the United States
By Brown, LLC
Whistleblowers play a critical role in holding individuals and organizations accountable for fraudulent or corrupt practices. In the United States, several whistleblower laws provide legal protection and incentives for individuals who report illegal or unethical conduct. Each year billions of dollars are recovered through the whistleblower statutes and hundreds of millions of dollars go to whistleblower awards for individuals who blow the whistle the right way. Here are five successful whistleblower statutes in the United States, that have resulted in major recoveries over the years.
Whistleblowing in the Pharmaceutical Industry in the United States
By Brown, LLC
The importance of whistleblowing in the pharmaceutical industry
Perhaps one of the most critical industries to blow the whistle in is in the pharmaceutical industry where lack of quality controls and/or falsification of approval methods can lead to catastrophic life altering consequences to scores of people. In the past certain pharmaceutical products deliberately downplayed risks of their products such as pulmonary embolism incidents, or its link to cancers, and consequently physicians and consumers could not make educated decisions about whether the benefit of the product outweighed its side effects. People died. People suffered strokes and other embolic events.
Compelling Circumstances EAD sec. (c)(35): A Strategy to Protect Nonimmigrant Workers from Accruing Unlawful Presence
The United States Citizenship and Immigration Services (USCIS) published new guidelines on June 14, 2023, regarding the Compelling Circumstances Employment Authorization Document (EAD) under section (c)(35). This significant development has introduced a temporary relief strategy that could assist certain non-immigrant workers who face compelling circumstances, such as being laid off or facing other personal hardships.
China Issues Tax Relief Policies to Promote Growth
By MMLC Group
China's Ministry of Finance and State Taxation of Administration has just issued a number of measures aimed at supporting smaller enterprises in China, and promoting economic growth.
How Whistleblowers Can Help Prevent Tragedies
By Brown, LLC
In the comic books, superman is able to stop Braniac from controlling the world, the Avengers stopped Ultron through their unity, but in real life, the superheroes are whistleblowers who can stop bad things from occurring before they progress too far. Whistleblowers are individuals who expose or report illegal, unethical, or fraudulent activities within their organization or workplace. They are critical in preventing disasters and holding corporations and organizations accountable by reporting things in a timely and correct manner before they proliferate and economically or physically hurt people.
The False Claims Act Process & Whistleblower Reward
By Brown, LLC
What potential whistleblowers need to know about bringing a qui tam lawsuit under the federal False Claims Act.
History of the False Claims Act
The False Claims Act (FCA), 31 U.S.C. 3729 – 3733 is a federal statute enacted in 1863 in response to defense contractor fraud during the American Civil War, and is also known as “The Lincoln Law.”
Five Famous Whistleblowers & Some You Haven’t Heard Of
By Brown, LLC
Nowadays, the term whistleblower is used generically to depict an individual who publicly discloses private information, regardless of whether the entity was engaged in wrongdoing or not. For example, the leaking of classified information is not what some would consider a noble cause, but perhaps others think it is. This blog discusses some famous whistleblowers but does not necessarily condone all of their actions. Some whistleblower law firms will broadly construe anyone disclosing confidential information as a whistleblower.
Most Common Forms of Medicare Fraud in the U.S.
By Brown, LLC
The False Claims Act (FCA) is a federal law that imposes liability on individuals or entities that submit false or fraudulent claims for payment to the federal government. Under the False Claims Act, a private individual can file a qui tam lawsuit on behalf of the government, and if the suit is successful the whistleblower may be eligible to receive between 15% and 30% of the government’s total recovery as a whistleblower award. False Claims Act lawsuits have resulted in significant recoveries for the government and have helped deter fraud and abuse. In fact, each year several billion dollars are recovered through the FCA, and hundreds of millions of dollars are given out as whistleblower rewards.
Why Whistleblowers Are Important in Society
By Brown, LLC
Whistleblowers play an important role in society by exposing fraud, corruption, and other illegal activities that may otherwise go undetected and by remedying them help keep companies accountable and fraud in check. By speaking up and reporting wrongdoing the right way, whistleblowers help to protect the public interest and ensure that individuals and companies pay for defrauding the taxpayers or other conduct that puts society as a whole at risk of harm.
Do You Qualify as a Whistleblower and for Whistleblower Protection? 5 Things to Consider Before Blowing the Whistle
By Brown, LLC
Just because you report something that you think is wrong, doesn’t necessarily mean that you qualify as a whistleblower or further that you qualify for whistleblower protections.
A whistleblower is colloquially used as someone who exposes something, but under the law to qualify for protection from retaliation, the individual needs to ground their disclosure of illegal or unethical behavior in a recognized statute that has protections, ensure that the conduct reported is covered by that statute and do so in the right manner. For example, if you want to blow the whistle on the fact that you’ve noticed in the breakroom the boss only purchases free M & M’s and you’ve complained that you demand free peanut M & M’s and no one will listen, that ”nutty” request will not be cognizable under the law.
What Is the Process for Getting an OFAC Clearance in 2023?
Companies and individuals listed as Specially Designated Nationals (SDNs) by the Office of Foreign Assets Control (OFAC) at the Department of the Treasury face severe economic hardship for being the targets of American economic and trade sanctions. Petitioning to get cleared from the list of sanctioned parties is essential.
PPP Loan Fraud Whistleblowers FAQs
By Brown, LLC
What is the Paycheck Protection Program (PPP)?
The Paycheck Protection Program (PPP) was an emergent loan program established by Congress to help businesses affected by the COVID-19 pandemic. The program was launched in March 2020 as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and it has since been extended and modified by subsequent legislation. The program was a rare instance in which there was broad bi-partisan support and hasty distribution of billions upon billions of dollars. Unfortunately, where there’s money, there’s all sorts of fraudsters and it’s estimated that billions of dollars went to outright scammers, ineligible businesses and excess monies went to companies that double counted or inflated their payrolls.
Notice to Take Down Online Contents: The Requirements and Steps Under The Nigerian Copyright Act 2022
Oftentimes, when a person creates a work in which copyright subsists, usually musical, literary work, cinematography or sound recording, their main intention is to make income from such work of copyright. This is aside from the desire to acquire some popularity and become what is now known as celebrity
In the past, it was the practice to put such work of copyright in a tangible medium of expression, such as CD, DVD, Tape etc and sell them to the public. But with the advent of technology and the boom of social media, many other avenues have emerged through which such author or owner may exploit the works. One of such mediums is through what is described in the Copyright Act of Nigeria 2022 as service provider.
This article outlines the options available to a person whose contents has been unlawfully posted on a service provider as YouTube, the requirements of a Take Down Notice and the procedure.
Basics of Becoming an Anti-Money Laundering Whistleblower
By Brown, LLC
What is Money Laundering?
Money laundering is the movement of illicit cash or cash equivalents into, out of, or through U.S. businesses or financial institutions. An example is when unlawfully obtained money is routed through multiple banks and businesses to conceal the original source of those funds. This definition includes criminal money laundering, such as transacting money and financial instruments which represent the proceeds of unlawful activity. And importantly, the AMLA now rewards whistleblowers who disclose violations when individuals or entities from sanctioned countries such as Russia are using United States banks to move their funds. It is estimated that there’s billions in monies that originate from Russia, but whose origin is concealed and the government is looking to make an example of an entity that is functioning in that manner.
Unlocking The Secrets to Spain's Golden Visa: a Step-By-Step Guide
Investing in a property in Spain can be a great way to gain access to Spain's Golden Visa. Knowing the ins and outs of a Spanish Golden Visa can be essential for those looking to take the plunge into Spain's property market. This step-by-step guide will provide an overview of the requirements, process, and advantages of obtaining a Spanish Golden Visa. With a comprehensive understanding of the process, you can maximize your chances of success and get the most out of your investment. So, let's get started unlocking the secrets to a Spanish Golden Visa.
Whistleblowing in the U.S. Pharmaceutical Industry
By Brown, LLC
Perhaps one of the most critical industries to blow the whistle in is in the pharmaceutical industry where lack of quality controls and/or falsification of approval methods can lead to catastrophic life altering consequences to scores of people. In the past certain pharmaceutical products deliberately downplayed risks of their products such as pulmonary embolism incidents, or its link to cancers, and consequently physicians and consumers could not make educated decisions about whether the benefit of the product outweighed its side effects. People died.
What Is the NHTSA Whistleblower Program?
By Brown, LLC
The National Highway Traffic Safety Administration (NHTSA) is a federal agency responsible for ensuring the safety of vehicles and roadways in the United States. The agency was established in 1970 and is part of the U.S. Department of Transportation.
The NHTSA Whistleblower Program was created to encourage individuals to report safety violations and concerns related to the automotive industry. The program offers several dimensions of protection to qualified individuals who come forward with information about safety-related violations, including confidentiality and protection from retaliation.
Common Types of Pharmaceutical Fraud in the United States
By Brown, LLC
As science and technology continue to advance, pharmaceutical companies play a significant and critical role in the healthcare industry by developing new medications and improving existing medications for the treatment of diseases. Big pharma and the smaller pharmaceutical companies do an amazing job at times in helping people’s quality of life and combating disease, however, sometimes when they do bad things, they do things that are very very bad, and cost the taxpayers billions of dollars as well as put patients at risk.
Understanding the CFTC Whistleblower Program
By Brown, LLC
The Commodity Futures Trading Commission (CFTC) Whistleblower Program was created in 2010 to encourage individuals to report violations of the Commodity Exchange Act (CEA) and other CFTC regulations. The program provides financial incentives to whistleblowers who report information that leads to successful enforcement actions, as well as protections against retaliation from their employers. Over the years CFTC whistleblowers have received whistleblower awards in the tens of millions of dollars and with the use of a CFTC whistleblower lawyer can potentially remain anonymous from start to finish.
What Are the 4 Most Pressing OFAC Requirements of 2023?
2023 has lined up to be a busy year for complying with the requirements imposed by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). OFAC is tasked with enforcing U.S. economic and trade sanctions on foreign nationals and companies and their foreign branches. Because the agency’s primary objective is to financially isolate the targets of those sanctions, the Office of Foreign Assets Control issues lots of guidance through OFAC regulations to domestic companies on how to comply with the sanctioning laws that it enforces.
Competition Law in Israel: Massive Fines for Harming Parallel Imports
The amendment is part of the government’s efforts to bring down the cost of living by increasing competition in the import sector. However, the amendment also imposes considerable restrictions on direct importers.
Israel: Investments Via SAFE as a Tax Event
For the first time, the Israel Tax Authority has announced its position regarding investments via SAFEs. It determined that, under particular circumstances, the investment is to be considered an advance on a share investment account.