How Your Company Can Get the Benefits of an Arbitration Clause
Arbitrating employment disputes can provide for more efficient and more economical resolutions. Yet, in-house attorneys often question whether to include arbitration clauses in their employment agreements.
Local Yacht Club Sails Free of Harassment Claim
A recent decision from the Federal District Court in Maryland highlights the need for an employee to meet filing time requirements or face dismissal of the claims.
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Mediate Your Clients' Employment Claims
While growing in popularity, mediation still remains underutilized in employment disputes. From the employee's perspective, mediation should be a "no-brainer."
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Tracking Hours in a Virtual World
Privacy issues, data security risks and document-retention nightmares are just some of the issues created when technology falls into an employee's hands.
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Update: Wright Development Group, LLC v. Walsh
On Oct. 21, the Illinois Supreme Court issued its opinion in <i>Wright Development Group, LLC v. Walsh</i>, addressing for the first time the scope of Illinois' Citizen Participation Act (CPA), the state's Anti-SLAPP statute.
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The Changing Landscape of eDiscovery
One of most quickly evolving areas of eDiscovery is centered around the relationship of in-house counsel and law firms. The best way to understand where things are going is to first look at where we've been.
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The Changing Landscape of Compensation Equity Enforcement
The last two years have seen major changes in the legal and regulatory environment regarding compensation discrimination, and there are even more on the horizon.
How to Stay off the Hook for TCPA Claims
Under the TCPA, a customer can sue for calls to a cell phone using an automatic telephone dialing system or artificial or pre-recorded voice, and seek $500 for each violation.
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Acquisition of Company Assets
With a little knowledge and planning, a purchasing company may be able to avert the expensive surprise of acquiring thousands of dollars in hidden unclaimed property that it must subsequently report and remit to multiple states.
My Agent Did What?
This article examines the risks presented by the use of third parties when doing business internationally, with a focus on the potential for liability under the United States' Foreign Corrupt Practices Act ("FCPA").
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›