Features
Practice Tip: The Economic Loss Rule
A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.
Features
Climate Change and Global Warming
This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.
Features
The Evolving Economy and Four Resulting Trends for the Legal Profession
The following is an updated version of an article first published by Blane Prescott, Vice President with Hildebrandt, in the closing months of 2008.
The Worker, Home Ownership and the Business Assistance Act of 2009
President Obama recently signed into law The Worker, Home Ownership and Business Assistance Act of 2009. This article addresses two significant provisions contained in the legislation.
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Changing Aspects of Law Firm Partnerships
A discussion of mandatory retirement in law firms and the ADEA.
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Verdicts
Recent rulings of importance to you and your practice.
FMLA Amended Again
On Oct. 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84 ("NDAA for 2010"). Primarily a defense appropriations law, the NDAA contains several amendments to the family military-leave provisions of the Family and Medical Leave Act ("FMLA"). Although no specific effective date is noted in the amendments, it appears these amendments went into effect upon President Obama's signature and are the most recent in a series of changes to the FMLA.
Features
Social Networking in the Workplace
The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Employee References
When asked to provide a reference for a former employee, employers may feel that they are trapped in a no-win situation. They understand that prospective employers are trying to shield themselves from negligent hiring claims by engaging in the "due diligence" of checking with former employers. However, providing details about a less-than-stellar former employee's shortcomings is rarely the best course of action.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel ManagementLegal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.Read More ›
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.Read More ›
