Features
Your Billing Process Is Wrong 'Time to Fix It!
It's hard to find a process more critical to the lifeblood of a law firm than its invoicing. Getting paid quickly and fully for professional services rendered is what keeps the lights on. It is what enables firms to grow, attract the best attorneys and serve the interests of more clients.
Features
Milestone Reached in UK Bribery and Corruption Enforcement
An application brought by the UK's Serious Fraud Office (SFO) for a so-called Deferred Prosecution Agreement (DPA) was approved in court in London on Nov. 30, 2015, marking a historic milestone for UK bribery and corruption enforcement as this was the first time that a DPA has been adopted.
Features
Data Breach Liability
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
Features
The Advice-of-Counsel Defense and the Corporate Employee: A Loss of Balance
Ordinarily, a defendant who wishes to assert the defense of advice of counsel must unlock the door that shields his privileged communications with counsel ,and divulge those communications to his adversary. But when the defendant is a corporate employee, he may not be able to unlock that door.
Features
Consumer Review Legislation, Litigation Appear On the Horizon
Viewing, evaluating, or even writing consumer reviews, has become a ubiquitous element of the present day Internet experience for most users. Authentic customer reviews manifest indicia of reliability and candor that are believed not to be present in reviews that are motivated by financial interest, though many review sites do contain numerous reviews from advertisers masquerading as objective consumers.
Features
Business Interests vs. Privacy Rights
Given the speed with which information can be publicly disseminated today, employers need to act quickly but prudently when faced with alleged employee misconduct. Employers can be subject to liability for failing to investigate incidents of harassment or threats of violence, but they also may face claims that they have violated employees' privacy rights if they do not proceed carefully.
Features
DE Supreme Court Clarifies <b><i>In Pari Delicto</i></b> Doctrine
The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the <I>in pari delicto</I> defense as a shield to claims brought by or on behalf of the corporation.
Features
Electronic Cigarettes
While e-cigarette manufacturers and distributors promote the potential advances of this new technology over traditional cigarettes, the degree to which e-cigarettes are safe is the topic of great debate, and the source of litigation.
Features
When There Is No License, Is There a Marriage?
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
The NLRB's 'Joint Employer' Thrust Defies 50 Years of Judicial Precedent
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
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