This article, discusses the ways in which courts have traditionally examined post-employment retaliation claims, and provides insight into how a court (or board) is likely to rule when an employee brings claims under two of the most widely utilized whistleblower protection statutes ' the Sarbanes Oxley Act (SOX) and the False Claims Act (FCA).
- September 02, 2014Adam Augustine Carter and R. Scott Oswald
Richard Griffin Jr., general counsel of the NLRB, brought a new meaning to the phrase "Big Mac Attack" that could frighten franchisors across the country by threatening to jointly charge McDonald's USA over alleged workplace violations at its franchisees' stores. And his expansion of parent liability could spread beyond fast-food chains to other industries.
September 02, 2014Sue ReisingerOn Feb. 26, the U.S. Supreme Court decided Chadbourne & Parke v.Troice, holding that SLUSA does not preclude state law class actions where the plaintiffs allege that they purchased uncovered securities that the defendants said were backed by securities listed on a national exchange ' a misrepresentation.
September 02, 2014Thao Do and James WalkerPlanning for trusts has evolved substantially over the years. "Modern" trusts are more comprehensive, flexible and protective than those that were more typically completed only a few short years ago. Understanding the characteristics of modern trust drafting is critical to achieving better protection for clients.
September 02, 2014Martin M. ShenkmanAppellate Court Finds Franchisor is not Employer For FLSA Purposes
Second Circuit Upholds Auto Dealer Termination Without Opportunity To CureSeptember 02, 2014Charles G. Miller and Darryl A. HartDiscussion of two recent rulings.
September 02, 2014ljnstaff | Law Journal Newsletters |Part One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.
September 02, 2014Stanley S. Arkin and Lisa C. SolbakkenUnemployment insurance continues to be front and center in the news. How did everything get so out of control? Here is an overview of how we got here and where we seem to be going.
September 02, 2014Robert G. Brody and Abby M. WarrenFed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent
Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue
Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA CaseSeptember 02, 2014Jeffrey S. Ginsberg and Gary YenWell, it's official. The term "Content Marketing" has now entered the double-edged world of a "household name." Strive for it? Sure, for a brand. But, when a concept, an idea, or a tactic reaches that level, it creates an inverse correlation between the amount the term is used, and the degree to which people understand it.
September 02, 2014Lisa Flynn

