LJN Newsletters

  • The Dire Financial Consequences of Misclassifying Your Employees

    Looking at a Case in Florida

    In February of this year, a Florida appeals court upheld a decision by Gov. Rick Scott's administration that Uber drivers are independent contractors and not employees. In terms of the law, the decision was hardly revolutionary. It did, however, highlight the importance of properly classifying workers. Indeed, failure to properly classify workers can have staggering financial consequences for a business that operates on a model that relies heavily on a large number of independent contractors.

    June 02, 2017Kristen D. Perkins and Jason J. Oliveri

  • Second Circuit Upholds Ban on Private Investment in Law Firms

    A federal appeals court in March rejected an attempt to loosen restrictions on private investment in the legal industry. The decision, which affirms a 2015 district court ruling, is a blow to Los Angeles-based personal injury firm Jacoby & Meyers, which has fought a nearly six-year legal battle against the prohibition on non-lawyers investing in law firms and sharing in legal fees.

    June 02, 2017Andrew Denney and Ben Hancock

  • Five Secrets to Drafting an Effective Default Lease

    Part One of a Two-Part Article

    This article contains some of the lesser-known, creative clauses used to ensure either payment of rent and compliance, or a swift eviction of the commercial tenant. They are what the authors call "tools of the effective default clause."

    June 02, 2017Adam Leitman Bailey and John M. Desiderio

  • Corporate FCPA Enforcement in the Era of Trump

    Part Two of a Two-Part Article

    As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.

    May 25, 2017Robert J. Anello and Peter Janowski

  • The State of Data Breach Litigation and How to Avoid It

    The number of records compromised in data breaches in 2016 increased an astounding 86% over 2015 breaches. This has led to numerous data breach litigations in the civil and regulatory context. What are the major cases and trends from 2016? And what can organizations do to try to reduce their risks of breaches and litigations?

    May 02, 2017Aaron D. Charfoos and Sean C. Griffin

  • FTC's Letter to Paid 'Influencers'

    In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.

    May 02, 2017C. Ryan Barber

  • State of the Industry: E-Discovery and Cybersecurity

    Part Two of a Three-Part Article

    Examining the current similarities between e-discovery and cybersecurity and details how the history of e-discovery mirrors the present of cybersecurity and is a predictor of future patterns in the cybersecurity staffing market.

    May 02, 2017Jared Coseglia

  • Institutional Deliberate Indifference

    Proving Constitutional Violation

    Part Two of a Two-Part Article

    Conclusion of a discussion about Glisson v. Indiana Dept. of Correction, in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

    May 02, 2017Janice G. Inman

  • Using Computer Forensics to Investigate Employee Data Theft

    Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.

    May 02, 2017Timothy M. Opsitnick, Joseph M. Anguilano and Trevor B. Tucker