COBRA Coverage Assistance Extended

Monday, December 28th, 2009 | Executive Compensation, Executive Compensation Attorney, Federal Legislation | No Comments

On December 19, 2009, the American Recovery and Reinvestment Act of 2009’s (ARRA) COBRA health insurance subsidy was expanded.  Under ARRA, individuals involuntarily terminated from an employer covered under COBRA may be eligible to pay a reduced amount equal to 35% of their usual COBRA extended coverage premium.  The extension, included in the Department of Defense Appropriations Act, 2010, increases the time that individuals may take advantage of the subsidies from nine to 15 months and extends the deadline to enter the program from December 31, 2009 to February 29, 2010.  Additionally, the revision permits individuals to make retroactive premium payments to restore coverage and eligibility in the program. 

For information on The Employment Law Group® law firm’s Executive Compensation Practice, click here.

CFAA Article by Adam Carter Published

Tuesday, December 8th, 2009 | Federal Legislation | No Comments

BNA has published an article by Adam Carter of The Employment Law Group® law firm on the Computer Fraud and Abuse Act in the most recent edition of the Workplace Law Report.  The article, entitled “Combating Claims of Computer Fraud and Abuse,” discusses recent cases and techniques for defending against claims brought under the Act.  A copy of the article is available here. 

To learn more about The Employment Law Group® law firm’s Computer Fraud Practice, click here.

Former President of Refco Appeals to Supreme Court after 10 Year Sentence

Tuesday, December 1st, 2009 | Federal Legislation | No Comments

On Sept 28, 2009, Tone N. Grant, the former president of Refco Inc., filed a petition for a writ of certiorari.  The petition questions the way a lower court handled evidence concerning documents that were given to the Securities and Exchange Commission.  During an SEC investigation, Grant voluntarily turned over numerous documents.  Contained in those documents were notes from a meeting that Grant attended which the government claims shows his involvement in the scheme.  In 2008, Grant was sentenced to 10 years in prison for his apparent role in a scheme which hid $430 million in trading losses from investors, the public, and government. 

The petition presents two questions for the Court:  (1) whether the lower court violated Grant’s 5th Amendment right to due process when it refused to allow testimony that Grant knowingly handed over the notes, showing a consciousness of innocence; (2) whether a defendant should be held to a more demanding standard when presenting evidence of a consciousness of innocence (as opposed to evidence of consciousness of guilt presented by the prosecution).  According to Grant, the prosecution deliberately mislead the jury by arguing that his “claim of intentional production was made up and without factual support, despite knowledge that Mr. Grant had sought to prove that very fact with testimony that has been excluded on the prosecutor’s objection.”

For information on The Employment Law Group® law firm’s Employment Law Practice, click here.