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'Independent Covenant' Language Image

'Independent Covenant' Language

Lyle Shapiro

It is a defense that has become perfunctory in restrictive covenant litigation ' "my former employer is barred from enforcing the restrictive covenant because it committed a prior breach of the agreement!" When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into a hearing at which an argument about what compensation agreement existed and whether the former employer breached that agreement takes place instead.

Columns & Departments

Net News Image

Net News

ALM Staff & Law Journal Newsletters

In This Facebook Threats Case, No Wait for High Court <br>Judge Gives Go-Ahead To Facebook Privacy Suit<br>Appeals Court: No Privacy for Facebook Photo In Slip-and-Fall Case

Features

Asymmetrical Reporting Image

Asymmetrical Reporting

Joseph A. DiRuzzo, III

As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).

Features

Information Security Image

Information Security

Leonard Deutchman

For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.

Judge Sides with Dish on Copyright Claims by Fox over Ad-Skipping Service Image

Judge Sides with Dish on Copyright Claims by Fox over Ad-Skipping Service

Scott Flaherty

Dish Network LLC came out ahead in an important early test of the U.S. Supreme Court's decision in <i>American Broadcasting Cos. Inc. v. Aereo,</i> largely escaping Fox Broadcasting Co.'s copyright claims over technology that records network television and replays it commercial-free.

When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best Image

When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best

Harold J. Bursztajn & Alexander Geiger

Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.

QDRO or Buyout? Image

QDRO or Buyout?

Theodore K. Long, Jr.

These days, attorneys drafting QDROs must contend with a new type of retirement plan called a "cash balance pension plan" ' a hybrid that is not really the fish of a traditional defined benefit plan, or the fowl of a defined contribution plan.

Features

Obama Calls for Student Privacy Standards Image

Obama Calls for Student Privacy Standards

Cheryl Miller & Steven Salkin

In a speech before the Federal Trade Commission on Jan. 12, President Barack Obama called for the passage of a Student Digital Privacy Act that would allow student-related information to be collected only for educational purposes, not for marketing.

Features

Coaching: A Shift in Law Firm Culture Image

Coaching: A Shift in Law Firm Culture

Virginia Bianco-Mathis & William Schurgin

Like other firms, Seyfarth found that developing employees, increasing engagement, addressing generational changes, and matching associate objectives with firm goals is a constant challenge. Here's how they solved the problem.

The Transgender Child Image

The Transgender Child

Eliana T. Baer

How to protect the best interests of children with gender dysphoria under the law.

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