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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Absent Class Members Suing in State Court Are Not Bound by Prior Federal District Court Decision Image

Absent Class Members Suing in State Court Are Not Bound by Prior Federal District Court Decision

Jeffrey A. Holmstrand

Recently, in <i>Smith v. Bayer Corp.</i>, the Supreme Court addressed whether a federal court decision denying class certification had any preclusive effect on efforts by other plaintiffs to seek certification in state court under nearly identically worded state procedural rules.

Practice Tip: Lost Profits Calculations Can Be a Minefield for Practitioners Image

Practice Tip: Lost Profits Calculations Can Be a Minefield for Practitioners

Jeff Willoughby & Jim Stavros

Lost profits calculations can be a very tricky proposition and are not to be entered into lightly. In the context of product liability, as in any other context, the party alleging the loss has to prove certain elements.

Protecting Confidential Information Following FCC v. AT&T Image

Protecting Confidential Information Following FCC v. AT&T

Kurt Hamrock

In <i>FCC v. AT&amp;T</i>, the Supreme Court made clear that businesses that wish to protect information submitted to the government had better be ready to demonstrate that the information falls under FOIA Exemption 4. Therefore, businesses should take proactive steps to ensure that they are prepared to make such demonstration when the need arises.

Features

Goldman Sachs Argues Dukes Ruling Image

Goldman Sachs Argues Dukes Ruling

Nate Raymond

An interesting look at ongoing litigation.

Employee Benefits Administration Goes High Tech ' Almost Image

Employee Benefits Administration Goes High Tech ' Almost

Neal S. Schelberg & Ted Tywang

According to a 2009 survey conducted by the Profit Sharing/401k Council of America, over 90% of all plans surveyed offered balance inquiries and investment changes online. So what's the problem?

Features

Negative Comments About an Employer May Still Be Protected Image

Negative Comments About an Employer May Still Be Protected

Mark N. Reinharz

In <i>MasTec Advanced Technologies</i>, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.

Features

NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA Image

NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA

Gavin Appleby & Tracy Stott Pyles

On Nov. 14, 2011, the final rule issued by the NLRB, entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the NLRB pushed back the rule's effective date by more than two months.

2011 Law Department Compensation Benchmarking Survey Image

2011 Law Department Compensation Benchmarking Survey

ALM Staff & Law Journal Newsletters

News reports about the overall U.S. economy may still be trending negative, but there is good news in the results of <i>Corporate Counsel's</i> 2011 Law Department Compensation Benchmarking Survey.

Features

Communications Problems and Solutions Image

Communications Problems and Solutions

Rees W. Morrison

This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.

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