Features
Overseas Product Liability Claims
U.S. manufacturers are seeing more product liability claims abroad. Manufacturers may have little experience in litigating such claims, and will look to their U.S.-based liability counsel for assistance. There are several ways in which counsel may help manufacturers manage overseas litigation. Here are some of them.
Features
<b>Decision of Note</b> Film Payments Don't Toll Lawsuit Limitations Period
In its first ruling on the issue, the Court of Appeal of Florida decided that film distribution payments didn't fall under the state's "continuing tort" doctrine for purposes of extending the statute of limitations in a lawsuit alleging tortious interference with business relationship.
Features
Supreme Court Review: FLSA, Title VII, First Amendment, Religious Freedom
This review of U.S. Supreme Court decisions from the 2015-16 term in the area of labor and employment law looks at rulings pertaining to whether automobile service advisers are exempt from overtime pay under the FLSA; whether a ruling on the merits is a necessary predicate to finding a defendant is a prevailing party eligible for an attorney fees award under Title VII; and much
Columns & Departments
Case Notes
Analysis of a case in which Tylenol defendants' experts failed the <I>Daubert</I> test
Features
Privacy and Security of Personal Information Collected by Employee Benefit Plans
High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not <i>if</i>. Data collected by employee benefit plans includes sensitive information that makes them a particularly attractive target for cybercrime.
Features
Sullivan & Worcester's Advancement Think Tank
This article explores a firm's content development initiative experiment from the marketing and professional development perspectives. A group of about eight senior associates, known as SWATT (Sullivan & Worcester's Advancement Think Tank), were charged with developing the content. Here is their story.
Features
Three-Way Stop: Project Management, Technology and Process Improvement
Legal Project Management has seen an explosion of interest from the legal industry in recent years. It has been touted as the key to efficient legal work and a cure-all for the woes of fixed fees, fee caps, and lawyers who blow budgets. But what are the drawbacks?
Features
The SEC Whistleblower Program
Last month, in Part One of this article,we examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, we take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims, and we examine the claim decisions rendered through April 2016.
Features
The Troubled Energy and Production (Oil and Gas) Sector
The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.
Features
EU-U.S. Privacy Shield Finalized
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- 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 ›