Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Arbitration: Franchisor's Friend or Foe?
In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years this author waffled on how to advise that client. He is not alone on this problem.
Features
Second Circuit Finds Drug Reps Not Exempt from Overtime Law
Current and former sales representatives for Novartis Pharmaceuticals Corp. are not exempt from qualifying for overtime under the Fair Labor Standards Act, the Second Circuit ruled July 6.
Features
CA Supreme Court Clarifies Who Cannot Be Sued by Workers
For 97 years, neither California legislators nor the courts ever clarified who qualified as an employer under the state Industrial Welfare Commission's (IWC) wage orders. That changed on May 20 when the California Supreme Court decided, in part, who does not qualify.
Features
What Should Human Resources Be Doing to Prepare for Health Care Reform?
In the coming months, you should guide HR in preparing for required changes needed to comply with the Patient Protection and Affordable Care Act (PPACA). Here are some things you should already be putting (or have) in place:
Tenth Circuit Rules on Temporary Workers
In a case of first impression, the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the ADA.
New Employee Rights Poster for Federal Contractors
Pursuant to Executive Order 13496, and its implementing regulations 29 CFR, Part 471, federal contractors and subcontractors must notify employees about their rights under the National Labor Relations Act (NLRA) as of June 21, 2010. Here are the details.
Reducing Exposure to Attorneys' Fees
Although a prevailing plaintiff is entitled to his/her costs and attorneys' fees, a successful defendant is entitled only to its costs (<i>e.g.</i>, filing fees, court reporter fees, etc.) and not an award of attorneys' fees.
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MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
