Low Man on the Totem Pole
Subcontractors are the most vulnerable and exposed parties in the contractual chain, more likely to be blindsided by a bankruptcy filing.
Features
Presenting Bankruptcy Concepts to Juries
A common belief among bankruptcy practitioners has been that disputed matters invariably sound in equity, thus posing very little danger that an attorney would ever encounter a jury. But juries can appear where one least expects them.
Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit
Investors deceived by a Ponzi scheme typically suffer two blows. First, they learn that they may recover only a fraction of their investment ... and second, they are also likely to be sued in so-called "claw-back" lawsuits.
Features
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Lost Wages Claims for Undocumented Workers in NY
The law on recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision <i>Balbuena v. IDR Realty LLC</i>, New York's Court of Appeal held that such wage claims are generally permissible. However, there were issues raised that are now being addressed in more detail by the courts.
Features
NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
Social Media Policies in the Workplace
It is a long-standing Federal law that employers are not permitted to restrict employees' rights to unionize, bargain collectively and, generally, discuss the terms and conditions of their employment. These rights apply to social media and the Internet in general. So how does an employer craft a policy to navigate through these laws yet accomplish their company goals?
Announcing The Seventh Annual MLF 50
Criteria for entering this year's Seventh Annual MLF 50 ' AND the brand-new Magnificent 25!
Features
Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes
Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel ManagementLegal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- 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 ›
- When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value ParadoxThe Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.Read More ›
