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NLRB: Class Action Waivers Unfair Under the NLRA
The NLRB recently called into question the growing practice of including class action waivers in employee arbitration agreements, holding that the mandatory waiver of an employee's right to pursue class or collective action litigation is an unfair labor practice under the NLRA.
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Advising Unsecured Creditors in Complex Bankruptcies
This article explores the roles of examiners and trustees in Chapter 11 cases and focuses on how corporate counsel can best protect a client's position as a single unsecured creditor or party in interest, beyond filing a proof of claim or seeking relief from the stay.
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Wells Fargo Survey Forecasts Non-Residential Construction Activity to Increase
According to a recent survey, construction contractors and equipment distributors are optimistic that local non-residential activity will improve in 2012.
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Managing Employee Leave under the ADAAA and FMLA
Managing employee leave has become a persistent and growing challenge at many companies. Here's why...
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Vicarious Liability
When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?
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In the Spotlight: Lease Restructures
Although landlords do not want excess space to lease in a down market, there may be benefits to the landlord of a steady long-term income stream that offsets the impact of additional vacancy. In sum, for each side an early lease restructure may make sense.
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Drafting Better Commercial General Liability Insurance Requirements
A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.
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Offshore, But Not Off-Center
The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.
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Proving Contributory Online Trademark Infringement
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
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Recourse Strategies In the New Age of .XXX Domain Names
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.Read More ›
