• When Worlds Collide: Can Cybersecurity and Cyberprivacy Peacefully Coexist?

    December 01, 2016 |

    Cybersecurity has become a part of everyday life, as breach after breach is reported. But not every incident involves credit cards or customer data. It is equally important to recognize the risks to employee privacy and a company's intellectual property where the perpetrators may not be external nat

  • Compensation Remains One of the Most Important Decisions for a Law Firm

    December 01, 2016 |

    With associate compensation dominating the headlines over the past several months, partner compensation has managed to slip under the radar. This isn't particularly surprising, however, given how uncomfortable discussions regarding partner pay can be for lawyers and their firms. Despite the tendency

  • Dispute over Compulsory Arbitration Agreements in Employment Cases Widens

    December 01, 2016 |

    Employers take note: A battle is brewing over the legality of class action waivers and compulsory arbitration agreements in the employment context. Specifically, the question is whether arbitration agreements that preclude all forms of collective or class actions are unenforceable because they are i

  • When Is Cooperation With the Government Considered 'State Action'?

    December 01, 2016 |

    This article discusses decisions addressing the impact of a corporation becoming entwined in governmental actions, including the Second Circuit's recent decision in Gilman v. Marsh McLennan, and pending motions predicated on the internal investigation that preceded the indictment in United

  • Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1

    November 01, 2016 |

    The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.

  • Restrictive Covenants and Whistleblowing

    November 01, 2016 |

    Warning from the SEC

    In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.

  • Workplace Violence

    November 01, 2016 |

    Minimizing Risk and Protecting Employees

    According to the Occupational Safety and Health Administration (OSHA), approximately 2 million employees are victims of workplace violence each year. Violence in the workplace must be a top concern for employers, as no organization is immune

  • Lower Pay for Women Partners in Law Firms

    November 01, 2016 |

    In the face of a glaring pay gap between male and female law firm partners, some firm leaders point to the emphasis on origination credit (bringing in new business) as the key culprit. But moving away from such a model may not be so easy.

  • Photo Agency's Suit Against Oh No They Didn't! At Ninth Circuit

    October 31, 2016 |

    A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

  • The New FCPA Cooperation Plan

    October 18, 2016 |

    The DOL recently issued its final overtime rule revamping the white collar exemptions under the Fair Labor Standards Act for executive, administrative, professional, and highly compensated employees. This Final Rule, effective Dec. 1, 2016, rolls out major changes for employers.