Features
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
FMLA Exceeding Intentions Of Congress
The Family and Medical Leave Act (FMLA), signed into law by President Clinton in 1993, was designed to balance the demands of the workplace with the personal and economic needs of families and to promote the national interest by preserving the stability of families. <br>However, in the 11 years since the FMLA was enacted, evolving results from U.S. Department of Labor (DOL) regulations, court decisions, fluid medical guidelines and a changing workplace have created impediments to an employer's ability to operate its business reasonably-in ways that Congress did not intend.
An Alternative Fee <i>Meal</i>odrama
A witty, punny tale with a moral ' partners and general counsel are after the same thing: Quality legal work at lower cost, with profitability (and a good meal).
The Experience Gap
As the economy improves and deals begin to flow into Silicon Valley anew, firms are again relying on mid-level corporate associates to do a lot of the work. Trouble is, 3 years of deal drought have left many of those associates short on the experience necessary to handle the tasks.
Features
Around the Firms: <b>Clifford Chance Closes Two West Coast Offices </b>
British legal giant Clifford Chance is closing its offices in San Francisco and Los Angeles after the defection of several partners to San Francisco-based Orrick, Herrington & Sutcliffe.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
Are Instant Messages Discoverable?
e-Mail has certainly changed the way businesses communicate, and many commentators predict that instant messaging is poised to bring about the next corporate-communications revolution, an event that raises numerous questions for today's corporations.
Features
Plan Now, Or Pay Later
Week after week, month after month, warnings flood e-commerce, and brick-and-mortar enterprises, about the technology we all have come to depend on at home and at work. New threats from viruses, hackers or just bug-filled software make the cliche, "Can't live with it, can't live without it" an increasingly accurate descriptor of our high-tech world. <br>But could we really live for long without our computers? Instead, long before anyone worried about the virus of the day, businesses planned against disaster to avoid any type of disruption to the many devices we rely on.
Features
Electronic Records Management: The Legal Problem That Lurks Behind the Scenes
You think your client's company has a good case. From what you can gather, the allegations that your company, or one you represent, stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days. <br>Outside and in-house counsel quickly realize that with all the storage IT departments have added to accommodate the expanding volume of e-mails a company produces, some firms have no systematic program for eliminating no-longer needed e-mails. As a result, you learn that the amount of e-mails and related electronic documents that must be retrieved under discovery is staggering - hundreds of thousands. It soon becomes clear that, although the case should have been defendable, it's more financially sound for the company to begin negotiating a settlement.
Index
A list of everything contained in this issue, for your easy access.
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MOST POPULAR STORIES
- 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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- 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 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 ›