Features
Rare NY Court of Appeals Reversal
In the widely reported decision in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co</I>, the New York Court of Appeals placed in the path of insurers a very high and potentially dangerous new legal standard.
Columns & Departments
In the Courts
An in-depth discussion of a Chinese counterfeiting case.
Features
Time to Upgrade 28-Year-Old Electronic Privacy Law?
Apple Inc., Google Inc. and Microsoft Corp. are putting new pressure on Congress to update a 28-year-old law that governs how the federal government can obtain U.S. citizens' electronic data.
Features
Social Media Invades and Modernizes Employment Practices
For employers, social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. Nonetheless, some studies show that 40% of employers search social media during the hiring process. While there are not currently any laws in the United States forbidding employers from gleaning information from social media, improper use can get them into trouble.
Features
Back to School
With schools back in session, now is the time for employers to review hiring, payment and scheduling practices for workers under the age of 18. The myriad federal and state child labor laws that employers must heed range from work permit requirements to the hours and type of work performed, all of which vary based on an employee's age and whether school is in session.
Features
Employee Bad Acts
How should the plaintiff's attorney proceed against a hospital and/or medical institution when seeking to hold it civilly liable for the bad acts of its employees?
Columns & Departments
Verdicts
Should changed rules thwart a plaintiff's claim? Analysis and discussion.
Features
Managing Credit During and After Divorce
All the steps to keeping your clients financially healthy, during and after divorce.
Features
Identity Theft and Taxes
In 2013, 13.1 million people were victims of some sort of identity theft. Often, you may think of identity theft as being confined to credit card or ATM fraud, yet there is an epidemic of fraudulent electronically filed tax returns. Identity-related tax fraud is the third-largest theft of federal funds after Medicare/Medicaid and unemployment insurance fraud.
Features
30-Day Plan to Success
Fully focused women rainmakers assess what needs to be done, and then set about doing it. Instead of "breaking a glass ceiling," they build a new facility with a new ceiling. For them, "no" is not an option and fear is left in the dust.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.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 Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›