Features

In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.

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In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand <i>in loco parentis</i> to a child.

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Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.

On June 24, the Supreme Court issued its long-awaited decision in <i>New Process Steel, L.P. v. NLRB</i>, ruling that the National Labor Relations Board (does not have the authority to issue decisions without at least three members currently sitting on the Board. The decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members.

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Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.

Features

Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).

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The Delaware Court of Chancery recently rejected a public policy argument that parties to a stockholders agreement may not contract away the right of Delaware courts to oversee disputes between stockholders of a Delaware corporation.

In light of a recent Sixth Circuit decision, general counsel for companies with ADR programs should ask themselves if their waiver needs to be knowingly executed and what steps should be taken to ensure it is. This article addresses these issues.