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Articles by Matthew M. Anger
Josef Pieper: The Virtues and Vices of Courage
“Fortitude without justice is a source of evil.”—St. Thomas Aquinas The great moralists tell us that a person’s strength is often the source of his greatest weakness, whether it is business acumen, artistic creativity, or physical excellence. Any of these things can be exercised too much or in the wrong way. The same is true of courage. A systematic analysis of this subject is provided by Thomistic philosopher Josef Pieper in his classic work The Four Cardinal Virtues (Ignatius Press).
Disruptive Technology Strike Force Continues Focus on Trade Secret Theft, Export Control Enforcement
During a summit celebrating its one-year anniversary, the Disruptive Technology Strike Force provided updates on its efforts to prevent authoritarian regimes and hostile nation-states from acquiring critical technologies. Read on for details about a new expansion of the effort, recent prosecutions and the group’s continued focus on cases involving theft of trade secrets and export control enforcement.
Illinois Jumps on the Food Ingredient ‘Banned’ Wagon
Illinois legislators recently joined California and New York in proposing bans on several food additives that a growing number of studies have shown to be harmful to human health. Read on for details and comparison of the three state bills and an update on related federal-level activity.
Recent Sanctions Enforcement Actions Demonstrate Importance of Incorporating All Available Data into Screening
For U.S. businesses, sanctions compliance has never been more challenging or more important. The U.S. has responded to Russia’s invasion of Ukraine with a broad range of sanctions targeting the Russian government, its officials, oligarchs and Russia’s financial and energy industries, among others.
OIG’s New Compliance Guidance: 10 Action Items and Six Themes for Providers
On Nov. 6, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued its General Compliance Program Guidance for healthcare providers and other industry stakeholders. The guidance follows OIG’s previous announcement about a modernization initiative and signifies a major update to OIG’s prior approach to providing guidance on effective compliance programs.
Merck Cyberattack Settlement Renews Spotlight on War Exclusions in 2024
Last week, Merck & Co. filed documents with the Supreme Court of New Jersey indicating that it reached a settlement with its “all risk” property insurers in a long-running coverage dispute involving over $1.4 billion in losses stemming from a 2017 NotPetya cyberattack that impacted tens of thousands of Merck computers. Read on for analysis of this development and key takeaways regarding coverage for cyberattacks that in-house counsel and risk managers should consider in 2024.
What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status
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Supreme Court Rules That District Courts Must Stay Proceedings Pending Interlocutory Appeals Of Denials Of Motions To Compel Arbitration
On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. The Court held that a district court must stay its proceedings pending such an appeal.
Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration
On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. The Court held that a district court must stay its proceedings pending such an appeal.
Analog Law with Digital Teeth: Litigation Under the Video Privacy Protection Act and Potential Liability for Businesses
Over the past year, website operators have experienced a proliferation of lawsuits under the Federal Video Privacy Protection Act (“VPPA”), a Reagan-era statute prohibiting the nonconsensual disclosure of an individual’s video tape rental history.
Failing to Comply With the Slew of New Data Privacy Laws Can Be Costly to Companies
Over the past few years, data privacy and security has been the focus of many state legislatures. CA, CO, CT, IA, UT and VA have already passed comprehensive data privacy laws. Many other states have bills in the legislatures that are likely to become law, including IN, MT and NT (where the bills are awaiting the governors’ signatures).
McGuireWoods Releases Update to One-of-a-Kind FERC Enforcement Reporter
Over the past year, there have been major Federal Energy Regulatory Commission developments as more cases moved from the agency to adjudication in the courts. McGuireWoods’ update to its innovative FERC Enforcement Reporter — led by lawyers Carrie Mobley and Corban Coffman — organizes energy enforcement cases from 2005 to present by topic and presents the information in an easy-to-use index format.
New Federal Pipeline Safety Regulations Present Work-Product Concerns
As of October 6, 2022, operators of gas and hazardous liquid pipelines must comply with the Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) Final Rule on “Valve Installation and Minimum Rupture Detection Standards.”[1] The Rule codifies several related design and performance standards across 49 C.F.R. Parts 192 and 195.
Coverage Denied Due to Harvard’s Late Notice to Excess Insurer of Admissions Lawsuit
Policyholders should carefully review a recent coverage decision on the importance of providing timely notice, a principle that formed the basis of the court’s decision in litigation brought by Harvard College (“Harvard”) against its insurer, Zurich American Insurance Company (“Zurich”), in the U.S. District Court of Massachusetts.[1] Plaintiff Harvard filed suit against Zurich for the insurer’s failure to provide coverage under an excess insurance policy in connection with underlying...
Valkyrie: Remembering the July 20 Plot Against Hitler
The plot by German officers to assassinate Adolf Hitler is a story nicely retold in the 2008 film Valkyrie, directed by Bryan Singer. Shortly after the movie’s release, a memoir by a surviving conspirator, Philipp von Boeselager (1917-2008), appeared in English under the title Valkyrie: The Story of the Plot to Kill Hitler by its Last Member(Vintage Books, 2009).
The Story of Stanislawa Leszczynska
If anything can be said of accusations against the Catholic Church in World War II it is that they are as predictable as they are monotonous. Far more interesting (and revealing) is the heroism of thousands of ordinary Catholics who suffered and died at the hands of Hitler's reign of terror. The martyrdom of St. Maximillian Kolbe, who was put to death at the Auschwitz concentration camp, is well known.
Valkyrie: Remembering the July 20 Plot Against Hitler
Whether or not assassination is a legitimate means of resistance is a point that will be keenly debated. That said, there can be no denying that the efforts of Claus von Stauffenberg and the other German conspirators who tried to kill Adolf Hitler in July 1944 are a striking testimony to the decency and resolve of the men and women who refused to collaborate with tyranny.
Ernst Jünger’s Vision of War
Erich Maria Remarque’s All Quiet on the Western Front has created an indelible image of the First World War in the popular mind. Ernst Jünger’s memoir Storm of Steel does not fundamentally alter that tortured landscape. If anything, his account is even more harrowing. Yet there is a difference, which is highlighted in the following anecdote: The last sentence is significant.
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