Features
The Dangers of 'Ban the Box'
To prevent job applicants with criminal records from being automatically rejected, cities and states are considering and already adopting so-called "Ban the Box" laws and ordinances.
Features
Expanding Fiduciary Exposure Under ERISA
The same pressure to investigate and disclose fees associated with 401(k) plans is now coming to plan administrators in a different form ' new Department of Labor ("DOL") regulations codified at 29 C.F.R. ' 2550.404a-5.
Establishing Core Values in Your Law Firm
The need to deal fairly with people while also dealing with profitability in a businesslike way has motivated many firms to document a written set of core values or standards that provide clear, firm-wide expectations regarding individual contributions and mutual accountability.
Features
Teach Your Associates Sound Management Skills
If law firms are to succeed in the new paradigm, careful consideration should be given to incorporating basic management skills training into each new lawyer's career planning process.
Features
IRS: Cell Phone Services Provided to Employees Excludible from Income
The IRS has modified its position on the tax treatment of cell phone services that employers provide to employees primarily for noncompensatory business reasons.
<B><I>BREAKING NEWS:</b></i> <b>Merck Settles Vioxx Case for $950 Million</b>
Merck & Co., Inc. became the latest healthcare company to strike a major settlement with the Justice Department on Nov. 22, agreeing to pay $950 million to resolve criminal and civil charges stemming from its marketing of the painkiller Vioxx.
e-Discovery
This article reviews the principles every in-house attorney needs to consider when applying project management principles to e-discovery.
Features
Legal Issues in the Cloud
Increasingly popular, Cloud computing nevertheless raises new and challenging legal issues for both cloud computing users and vendors.
Walmart v. Dukes
Four months after the Supreme Court decertified the nationwide class of more than a million female employees who attempted to sue Wal-Mart for gender discrimination, the plaintiffs have attempted an end run around the decision by filing new federal complaints in California and Texas.
How to Speak Accountant
This is the first in a series of articles that will help you understand your business better by discussing how accounting information is prepared, how to determine the assumptions and biases underlying the numbers, how to determine what the numbers in front of you mean, and what to do with them once you have them.
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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 ›