LJN Newsletters

  • Workplace Bias and Gender Pay Equity in Silicon Valley, 2017

    It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.

    December 01, 2017Eric Akira Tate and Kathiana Aurelien

  • Internal Whistleblowers

    SCOTUS Review of Dodd-Frank to Change the Landscape

    In June, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

    December 01, 2017Matthew B. Schiff and Kathryn C. Nadro

  • Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel

    Substantive non-consolidation opinion letters have long been a regular "check-the-box" item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.

    December 01, 2017Paul A. Rubin and Hanh V. Huynh

  • Teaching an Old Dog New Tricks: Business Process Management and Law Firms

    Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.

    December 01, 2017Zachary Beauchemin and Alisha DiGiandomenico

  • Lack of Gender-Diverse Partnership: Is It the Woman or the Firm?

    Data-Driven Research by ALM Intelligence Suggests Three Reasons Why Gender-Diverse Partnership Fails

    It is now common knowledge that female headcount within the ranks of Big Law partnership, both equity and non-equity, has held steady for the past few years at around 20%. The obvious question is, why?

    December 01, 2017Daniella Isaacson

  • Date Approaches for Start of EU Trade Secrets Directive

    In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.

    December 01, 2017Jonathan S. Cohen

  • When Lack of Informed Consent Is Not the Issue

    When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

    December 01, 2017Janice G. Inman

  • Exclusion of Evidence: The FDA's 510K Process

    In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

    December 01, 2017Janice G. Inman

  • Children of a Married Same-Sex Couple

    The Presumption of Legitimacy

    In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.

    December 01, 2017Janice G. Inman