Mandatory Arbitration for Employee Benefits Disputes
Thanks to the well-publicized rising cost of litigation and the growing availability of alternative dispute resolution options, mandatory arbitration provisions are more popular than ever among would-be litigants. The employee benefits realm is no exception. <br>Indeed, there is a trend toward using arbitration in the benefits context that is fueled by a growing sense among practitioners that a well-crafted policy mandating arbitration of employee benefits disputes can be a useful tool to save an employer time and money.
Surviving A Malpractice Fiasco: 10 Views
Recently I asked members of <i>A&FP</i>'s Editorial Board and several new contributors for their thoughts on how a law firm might best deal with the financial blow of an unusually large settlement or penalty assessed against the firm. Last month, in Part One, we got our roundtable discussants' views on how to keep a firm from crumbling immediately after a malpractice disaster. Concluding the discussion, here are their views on professional liability insurance.
Features
Basics Revisited: Reducing Law Firm Overhead Costs
A law firm management's primary focus, like most professional service firms, is new business, billing a high percentage of partners' and associates' time and, of course, collecting a high percentage of billings. Under pressure to increase revenues and grow the bottom line, executives often overlook smaller firm overheads such as office supplies and related items, printing, stationery, overnight delivery, telecom and copiers.
Taxation Committee Report JCS-02-05: A Closer Look
The Congressional tax change proposal for owners of LLPs, LLCs and S-corporations would fill only a small part ' about 1.5% ' of the projected Social Security funding gap; but the proposal looms much larger when compared with other elements of the Joint Committee's overall tax-revision package
Features
Committee Aims To Standardize Pass-Through Taxation
If an influential congressional committee has its way, some professionals and many small business owners could be forced to dig into their own pockets to help bridge the projected $3.75 trillion funding gap for Social Security. <br>At issue is the sticky subject of limited liability companies, limited liability partnerships and so-called "S" corporations, and the manner in which participants in those businesses pay their Social Security and medical insurance employment taxes.
Defining Political Spam
The effects of e-mail on American political campaigns are dramatic, as demonstrated last November, when e-communication played a decisive factor in several election victories. The Internet as cyber forum offers candidates the opportunity to contact a million voters for about $100 using unsolicited bulk e-mails, often called spam. Under the First Amendment, political spam is generally lawful, but political spam used for fundraising and other specific types of communication may cause legal difficulties for candidates and their agencies ' from canvassers to other entities sending the spam, however well-intentioned.
Virtual Cost Cutting
Predictions were that e-mail would revolutionize business communication ' and slash its cost. In fact, the doyens and novices alike of e-mail promised that this admittedly useful, and now ubiquitous, tool would eliminate postage and paper expenses, as well as the hidden-delay costs of waiting for even an overnight package to arrive. <br>But in an era when deals are negotiated and closed entirely online, has e-mail's reality lived up to its promise? While business is certainly being done more quickly than in the dark ages before e-mail ' remember, say, the early 1990s? ' is it being done more efficiently?
Features
Hyperlinking As Infringement
Can hyperlinks on one Web site that link to another site where copyrighted materials are displayed constitute copyright infringement? <br>Although courts in at least two decisions have declined to recognize the potential of copyright infringement from the mere use of such hyperlinks, the recent Indiana federal district court case, <i>Batesville Services, Inc v. Funeral Depot, Inc.</i>, concluded that a defendant's use of hyperlinks on a Web site that link to copyrighted material on another Web site could constitute unlawful copyright infringement.
Features
Court Says $10K 'Bet' Can't Settle e-Retailer Fight
A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.
An Extra e-Safety Net
As technology advancements and competition combine to drive information technology (IT) costs down, law firms of all sizes are poised to take advantage…
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›