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

How Should Noise Ordinance Be Applied to This Music Venue?
Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.
Features

How to Conduct Internal Investigations Efficiently and Effectively<br><i><font size="-1">A Roundtable Discussion</i></font>
Internal investigations are becoming increasingly common in the modern workplace. But how, exactly, can companies conduct investigations efficiently and effectively, while still protecting innocent employees?
Features

A Look at the Trial Against Facebook over Video Game Technology
The social networking company is being sued by videogame maker ZeniMax Media, which says Oculus stole its technology. Facebook responded that Zenimax's story is nothing but a "fantasy" by a company that was "embarrassed" and "humiliated." It's worth taking a closer look at how each side is framing the fight.
Features

Accidental Franchises<br><i><font size="-1">When Licensing Deals Take a Surprising and Unwanted Turn</i></font>
There is no universal definition of a franchise; a franchise in one state may not be a franchise in another and a relationship that constitutes a franchise under federal law may not meet a state law definition of a franchise, or vice-versa. As a result of this confusing statutory patchwork, the creation of accidental franchises is a common, albeit unwelcome, occurrence.
Features

DE Chancery Court Strikes Down Fee-Shifting Bylaw
In <i>Solak v. Sarowitz</i>, the Delaware Court of Chancery held that a corporate bylaw ran afoul of 8 Del. C. Section 109(b), as recently amended, where it purported to shift attorney fees and expenses to an unsuccessful stockholder that filed an internal corporate claim outside of the state of Delaware.
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

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 Jan. 1, 2017.
Features

Presidential Cybersecurity Handoff
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Features

Trademark Board Amends Its Rules of Practice
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
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