Practice Tip: Lost Profits Calculations Can Be a Minefield for Practitioners
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
In <i>FCC v. AT&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.
Employee Benefits Administration Goes High Tech ' Almost
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
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
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
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
This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.
Expert Witness Evaluation
Almost any legal professional who has researched an expert knows that such information is available through commercial vendors or via a search of the "open Web." This article offers some insights ' some strategic tips ' on what to do with that information once you have it.
Features
WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW
The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.
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MOST POPULAR STORIES
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- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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