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Golan v. Holder: A Catalyst for Orphan Works Legislation?

James Trigg & Phillip Rosenberg

On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 &mdash; which restores U.S. copyright protection for certain foreign works formerly in the public domain &mdash; fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.

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Compensating Transition

Joseph B. Altonji

Law firms spent the better part of two decades effectively extricating themselves from unaffordable, life-threatening unfunded retirement packages only to find they have few if any financial mechanisms available to incent retiring partners to actually transition their clients to the next generation, prior to retirement.

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

If a protected worker can show that an employer used a specific employment policy or practice within the decision-making process, which resulted in members of a protected class being less successful than unprotected workers (<i>i.e.&gt;/i&gt;, "adversely impacted"), the employer may be liable for discrimination.

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DIY Mentoring

Diane Costigan

Similar to financial investments you will want a well-diversified portfolio of mentors who can contribute to your career in different ways depending on your goals.

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).

Features

New Personal Information Requirements for Companies

Theodore P. Augustinos & Socheth Sor

Effective March 1, 2012, companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors'f compliance with the Massachusetts data security regulations.

Anti-Corruption Practices Survey Highlights Challenges Facing Companies

Paul R. Berger & Michael T. Leigh

One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.

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How Employing eDiscovery Counsel Can Pay Dividends

Beth A. Koehler

More and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review, and a separate team of lawyers that will focus on the actual merits of the case.

The Route to Federal Court Clarified

John E. Goodman

The points of law settled by the JVCA may provide defendants with removal opportunities that they didn't have formerly, at least in some circuits. Further, the Act brings a measure of predictability to removal practice, which alone makes the statute significant.

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NLRB: Class Action Waivers Unfair Under the NLRA

Mark Blondman & Frederick G. Sandstrom

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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