Features
Electronic Discovery in Construction Disputes
This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.
Features
E.U. Data Protection Law
On Jan. 25, 2012, the European Union Commission published a draft Regulation that is aimed at replacing the currently applicable E.U. Directive of Oct. 24, 1995 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data." The Directive, and the legislation of each E.U. Member State that resulted from it, are of high relevance for any employer employing personnel in any E.U. Member State.
Features
Mandatory Flu Shots?
Although it is only July, it is not too early to start thinking about flu season. Mandatory vaccinations have been the topic of much debate in recent years. This is particularly true for healthcare providers.
Features
Can Employers Sue Employees Under the CFFA?
Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.
Features
TOUSA Case Takes Another Twist
The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the United States District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.
Features
Creating a Value-Based Relationship with Your Outside Counsel
For the past four years, Michael Roster has co-chaired the ACC Value Challenge Steering Committee, an initiative designed to re-integrate value into the cost of legal services. This article provides a Q&A on the subject of creating meaningful value-based relationships with outside counsel.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2012, as well as some recent cases of interest. It includes two rulings from Delaware's courts, and decisions from California and New York on whether corporate officers may sue for wrongful termination.
Features
Conducting a Privacy Audit
With the proper tools, support from corporate management, a motivated audit team and a few guidelines, a privacy audit can be conducted using primarily internal resources and with little or no business disruption.
Features
Secured Creditors Win Right to Credit Bid
In a major victory for secured creditors, the U.S. Supreme Court unanimously held that a Chapter 11 plan involving a sale of secured property free and clear of a creditor's lien must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code.
Features
<b><i>Online Extra:</b></i> A Big Win for Pharma Companies in Overtime Case
Pharmaceutical companies scored a major victory on June 18 when a divided U.S. Supreme Court held that the industry's sales representatives are not eligible for overtime pay.
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