LJN Newsletters

Recently, in Smith v. Bayer Corp., 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.

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.

In FCC v. AT&T, 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.

An interesting look at ongoing litigation.

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?

In MasTec Advanced Technologies, 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.

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.

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