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Features

DOL: Same-Sex Partners May Qualify For FMLA Leave

Brian D. Pedrow

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.

Features

Employers Beware

Rick Bergstrom & Mark Temple

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.

Supreme Court Blockbuster Decision

David Radelet, Mark S. Wilkinson & Amy Moor Gaylord

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.

Features

Valuing Payments in Lieu of WARN Notice

John D. Shyer & Austin Ozawa

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

F-Cubed=0

Sarah L. Cave

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).

Features

DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable

Robert S. Reder

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

Robert G. Brody

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

Fernando M. Pinguelo & Keya C. Denner

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

Scott DeMarco & Steve Egna

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

Patricia Anderson Pryor

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.

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