Features
Leveling the Playing Field
The age of ESI changed everything in terms of how quickly and easily documents are created and then stored. As a consequence, every corporate defendant in a product liability case today can expect to spend thousands if not hundreds of thousands of dollars producing documents in discovery.
Features
Whither Weingarten?
The current NLRB is beginning to issue rules and decisions more favorable to organized labor, and its field offices are issuing complaints expanding the rights of non-union workers. A look at <i>Weingarten</i> rights, and what they mean.
Features
Employee's Inability to Work Overtime Is Not a Per Se Disability
The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Secured Lender Invokes Seldom-Used Tool to Protect Collateral in Bankruptcy
In a Chapter 11 bankruptcy process,the question becomes: Who will take the loss on their balance sheet ' the lender or the borrower? An analysis of recent litigation.
Features
Public Corruption Prosecutions in New York
This article focuses on the example of New York State and the prosecution of public corruption offenses under that state's law. A case in point is the recent prosecution of former New York State comptroller Alan Hevesi, in which then Attorney General Andrew Cuomo effectively used a statute other than bribery to prosecute public corruption.
Features
Decisions of Interest
Analysis of a recent important ruling.
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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 ›
