Features

Using Background Checks to Hire and Retain Employees
The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.
Features

Do Your Employment Practices Violate Antitrust Law? They Might!
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.
Features

The Meaning of 'Sex'<br><i><font size="-1">LGBTQ Rights Under the Legal Microsope</i><br><i>Part Two of a Two-Part Article</font></i>
The Supreme Court's decision in <i>Gloucester County School Board v. G.G.</i> is likely to have a significant impact on federal workplace discrimination laws, despite the fact that the case does not implicate the employment relationship, or involve employment law.
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Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor's overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
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Did the New Cause of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.</i>, the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
Features

Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Features

Effective Contract Management
<i><b>Three Goals</i></b><p>A recent report laid bare one of the most pressing problems of today's companies — and their GCs. Simply put, the report found that businesses of all types do a poor job of contract management.
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Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.,</i> the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer.
Features

The Human Factor In Information Security
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
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Non-Compete Clauses In California
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›