Features
Ex-Parte Interviews of Former Employees
The issue of ex-parte interviews of a corporation's former employees can raise tensions on many different levels. This area of law has been dubbed "a veritable minefield" that must be approached with great trepidation.
Features
Child Pornography On Workplace Computers
Possessing child pornography is such a potentially serious crime that institutions take pains to keep it off their premises. e-Commerce firms, whether they have significant physical premises or not, are no different.
Features
New York Internet Tax Law Does Not Violate Commerce Clause
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.
Features
Waiting for Courts To Help in Internet-Based Franchise Encroachment?
Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.
Features
Selling Your e-Commerce Company in 2011
Entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms.
Features
Getting the Most Out of Conference Attendance
Attending conferences has a dual benefit: learning or keeping updated in a substantive area or industry, and business development. Both are critical to a successful practice.
Help Improve 401(k) Participants'Investment Experience
This article focuses on the offering of investment options and what plan sponsors can do to better serve plan participants.
401(k) Plan Sponsors Targeted for ERISA Lawsuits
Law firms need to take a close look at who the fiduciaries are with respect to their 401(k)plan, and how the plan is being managed. This is particularly true in partnerships where one partner's conduct can result in liability for others.
Initiating Client Succession in Your Law Firm
Macro trends have placed an increasing number of firms in a position where urgent transition issues are now staring them in the face. In some cases, key plans are put on hold until critical succession and transition decisions can be sorted out.
Features
Client Feedback ' The 12 Essential Steps
In the September issue, Part One of this article listed the 12 steps that are essential for a well planned and well executed Client Feedback program. Part One then went on to describe steps 1 through 4a. Steps 5 through 12 will be described herein.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›