Features
Counsel Concerns
The U.S. District Court for the Southern District of New York granted partial sanctions against plaintiffs' counsel in a copyright-infringement suit.
Features
Block to Perpetual Attorney Fees
Entertainment law firms in California commonly charge the talent they represent on a percentage basis, rather than an hourly one. The typical arrangement requires the client to pay 5% of gross income derived from contracts entered into during the course of the representation. Earlier this year, a Superior Court judge in Los Angeles addressed the enforceability of this fee structure in the context of an acrimonious dispute between two entertainment firms. The principal issue in the case, and the focus of this article, is whether clients who had departed for the new firm had a continuing obligation to pay that 5% fee to the old firm as a matter of contract law.
Features
Computer Forensics Docket Sheet
Court Reverses Conviction Where Defendant Was Unaware Of Computer Cache Files
Features
Foreign Companies Prosecuted in the U.S. for Bribes Overseas
In an effort to level the playing field for U.S. businesses overseas, many OECD countries adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in 1998. Nearly 10 years later, the main result may have been to enlarge the playing field of U.S. law enforcement.
Features
Decisions of Interest
Recent rulings of importance to you and your practice.
Features
Transgender Employees
Legislatures and courts alike in several jurisdictions have extended existing anti-discrimination laws to transgender people, and some employers have followed suit with changes to their non-discrimination policies. Employers are thus advised not only to familiarize themselves with the current legal landscape for transgender rights, but also to consider the practical implications of such laws on their own efforts to provide an inclusive and non-discriminatory workplace environment for transgender employees. This two-part article will explore the legal landscape and its implications.
Features
Changes to Retiree Health Benefits
The first part of this article discussed the current state of the law with regard to the legal standing of unions to represent and litigate on behalf of retirees. The conclusion herein addresses cases involving the presumption of vesting, and offers tips for managing changes in retirement plans and negotiating future plans.
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'Tip Pooling' and Wage and Hour Laws
There have been numerous cases involving various challenges to employer 'tip-pooling' policies, particularly in Massachusetts and California, with wait staff and other restaurant employees claiming that such policies violate state wage and hour laws. This article describes this recent line of cases, which are of particular interest to employers and employees in the restaurant or hospitality industries, but which have extended to other industries as well. The article also suggests guidelines for employers in the restaurant and hospitality industries to adopt so that their tip-pooling policies do not run afoul of state wage and hour laws.
Features
The Gavel Falls
The use of bankruptcy to protect an individual's home from foreclosure is sufficiently commonplace that practitioners would be well advised to understand the foreclosure process in their state and, in particular, when that process will be deemed completed for purposes of section 1322. This article explains why.
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