Features
DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable
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.
Pre-Employment ADR Waivers
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.
Navigating the Changing Technological Landscape
The U.S. Supreme Court's recent decision in <i>City of Ontario v. Quon<i> offers employers useful guidance with respect to up-to-the-minute issues in this area, and reaffirms some preventative measures that forward-looking employers should already have in place.
Business Valuation In a Collaborative Divorce
When appraisal of a business is conducted in conjunction with a collaborative divorce, it is fundamentally different from one carried out in a more adversarial divorce setting.
Conducting an Effective and Preventative Compensation Review
With the passage of the Lilly Ledbetter Fair Pay Act, the EEOC's and OFCCP's increased focus on compensation discrimination, and the government's increased budget for these agencies, compensation decisions are destined to come under increased scrutiny from employees, their attorneys and the government.
Features
Interim 'So-Ordered' Stipulations
What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.
Features
Yes, We Can ' Raise Fees
Accept the fact that those clients who value your service regardless of higher fees will remain with you, while those clients who do not want to pay a higher fee will seek other counsel.
Features
'Matrimorphology'
Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.
Features
The Future of Honest Services Fraud
On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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