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  • Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.

    April 27, 2009Melissa J. Krasnow
  • Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information ("ESI").

    April 27, 2009Michael Swarz
  • With the number of layoffs increasing dramatically, it is no surprise that individual charges of discrimination are ballooning. What may be a surprise to employers, however, is that the EEOC needs only one complainant, or in some instances, a mere suspicion that a discriminatory pattern or practice is occurring, to initiate a company-wide investigation.

    April 27, 2009Brooke Iley and Christine Bonavita
  • Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.

    April 27, 2009Gregory B. Robertson and Kurt G. Larkin
  • The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes.But there are also four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions ...

    April 27, 2009James F. Shea
  • Who's doing what; who's going where.

    April 24, 2009ALM Staff | Law Journal Newsletters |
  • On Feb. 11, 2009, the United States Court of Appeals for the Fourth Circuit recognized the broad protections afforded to swap agreements under the Bankruptcy Code. Here is a review of the case.

    April 24, 2009James S. Carr and Benjamin Blaustein
  • The current financial environment has generated an atmosphere where not only are fewer "deals" taking place, but also many deals that are far down the path of consummation may fall apart. It is safe to assume we will continue to see a number of "busted deals."

    April 24, 2009Matthew J. Botica
  • Last year, Judge Richard A. Posner of the Seventh Circuit Court of Appeals wrote an opinion that sent shockwaves throughout the bankruptcy community, particularly in trustee circles. The shocking part of Maxwell v. KPMG, LLP was not its holding, but its dicta.

    April 24, 2009Peter J. Roberts and Gordon E. Gouveia
  • Recent rulings of interest to you and your practice.

    April 24, 2009ALM Staff | Law Journal Newsletters |