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'Waiving' Goodbye to Class Actions Image

'Waiving' Goodbye to Class Actions

Michael C. Schmidt

It is no secret by now that employers, particularly those in such industries as the financial services, retail and health care, continue to be hit with the legal tsunami that is class action lawsuits. Here's how to cope.

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Satisfying Fiduciary Duty Under ERISA Image

Satisfying Fiduciary Duty Under ERISA

David Tabak

The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.

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Are Interns Employees? Image

Are Interns Employees?

Matthew Nelson

If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.

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Alternative Fee Arrangements Image

Alternative Fee Arrangements

Bret Baccus & Fraya Lynn Hirschberg

How can a law firm choose a fee arrangement that is beneficial for the client and calculated to be profitable for the firm? Once that fee is set, how can the law firm best manage the engagement to ensure sustained profitability? How can it measure profitability in this new environment?

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Improving Compensation Decisions in a Mixed Economy Image

Improving Compensation Decisions in a Mixed Economy

James D. Cotterman

How should a law firm approach compensation decisions in the current economy? The fundamentals still apply: a focus on the quality of the compensation decisions and the interrelationship of those decisions with culture and strategy.

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Applying the ACC Value Index to e-Discovery Providers Image

Applying the ACC Value Index to e-Discovery Providers

Mary Mack

Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.

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Policing Workplace e-Mail Use Image

Policing Workplace e-Mail Use

Fernando M. Pinguelo & Laura J. Tyson

A company's decision on where to draw the line on personal use of workplace computers poses a great challenge to employers, and recent court rulings do not make the decision and its enforcement any easier.

Best Practices in Transaction Management Image

Best Practices in Transaction Management

Matthew F. Herman & Richard Burrows

In this article the authors explore some key factors for best practices in transaction management from the perspective of external counsel working alongside you and your in-house team.

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Five Steps for Managing the Risks Associated with Sensitive Data Image

Five Steps for Managing the Risks Associated with Sensitive Data

Jonathan M. Cohen & Elise Dieterich

The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.

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DE Courts Tackle Novel Issues Presented by Contested Director Election Image

DE Courts Tackle Novel Issues Presented by Contested Director Election

Robert S. Reder

Recently, in <i>Kurz v. Holbrook</i>, the Delaware Court of Chancery and Supreme Court confronted dueling consent solicitations over control of the board of directors of EMAK Worldwide, Inc. This contest generated three issues of first impression.

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