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Using Background Checks to Hire and Retain Employees Image

Using Background Checks to Hire and Retain Employees

K. Bryance Metheny

The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.

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Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<i><b>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Recently, tempted by attractive interest rates, certain borrowers have sought to use the bankruptcy process to shield themselves from their obligations to pay make-whole premiums contemplated by their indenture documents. Although certain courts have allowed crafty borrowers to shed unwanted make-whole obligations through the bankruptcy process, other courts refuse to sanction such manipulation.

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Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer Image

Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer

Ronald J. Levine & Clifford Tatum

As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.

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Building a Business Case for a Data Privacy Program Image

Building a Business Case for a Data Privacy Program

Heidi Maher

When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, I see an entirely new level of urgency.…

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Do Your Employment Practices Violate Antitrust Law? They Might! Image

Do Your Employment Practices Violate Antitrust Law? They Might!

Robert G. Brody & Alexander Friedman

Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.

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The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font> Image

The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>

Stanley S. Arkin & Robert C. Angelillo

Last month, the authors began a discussion of the legal consequences of the release of the so-called "Panama Papers," a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The authors conclude their analysis herein.

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Building Your Medical Liability Risk Management Program<br><i><b><font size="-1">The Underwriter Relationship<br>Part Two of a Two-Part Article</font></b></i> Image

Building Your Medical Liability Risk Management Program<br><i><b><font size="-1">The Underwriter Relationship<br>Part Two of a Two-Part Article</font></b></i>

Kevin Quinley

A medical professional's ability to procure insurance coverage — and on the best financial terms — depends largely on the discretion of an insurance underwriter — the insurer's gatekeeper. The underwriter is key to a health care provider's risk management program and financial protection.

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Review Marketing Becomes Top Priority for 2017 Image

Review Marketing Becomes Top Priority for 2017

Larry Bodine

For many CMOs, the top priority for 2017 will be review marketing. Many law firms are still coming to grips with the reality that client reviews about them are online everywhere. But now, a turning point has been reached so that they can no longer be ignored.

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Can User Behavior Analytics Do a Better Job of Protecting Your Organization's Data? Image

Can User Behavior Analytics Do a Better Job of Protecting Your Organization's Data?

Jason Straight

IT security professionals will tell you that the bulk of spending on cybersecurity in large organizations in recent years has been toward perimeter tools like firewalls. And yet the relentless pace of major data breaches has shown no signs of letting up.

Features

The 'Death Spiral' of Malls Image

The 'Death Spiral' of Malls

Eric S. Chafetz

It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.

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MOST POPULAR STORIES

  • 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.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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