In-House Counsel in The Middle
Boards of directors are particularly subject to shareholder and shareholder activist scrutiny where conflicts of interest arise. Although not a particularly "classic" kind of conflict of interest, the conflicted general counsel presents traps for the board of directors.
Features
Crafting the Effective Trademark Cease-and-Desist Letter
The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.
Features
Florida Pro-Provider Laws
It has been said that there is nothing new under the sun, but that is not so in the Sunshine State, where efforts to enact medical malpractice "reform" resemble a religious crusade.
Features
FTC: Professional Associations' Ethical Codes Restrict Competition
On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.
Columns & Departments
Drug & Device News
Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works
In Broad Daylight
e-Commerce and payments fraud schemes such as phishing, e-mail hacking, and malware attacks are an ongoing, growing threat across industries. While some fraud is inevitable, a major incident could cause incalculable damage to a company's finances, regulatory standing and reputation. And with the use of mobile payments and e-commerce on the rise, the danger is increasing.
Features
Avoid Transfer Taxes? Maybe Not
Last month, we began discussion of a hypothetical couple's transfers of assets to one another. We continue our analysis of the tax consequences of their proposed agreement herein.
Features
The Privacy/ Security Clash's Unexpected Consequence
Every online enterprise today is struggling to manage and exploit the exploding volume of personal information that comes within their possession, while also maintaining data security and complying with privacy-related laws and regulations. They are not alone. Courts, legislators and regulators also are striving to find ways to protect legitimate privacy rights while keeping the realities of today's technology evolution and business environment in mind.
Features
Domino's Challenges Joint Employer Liability for Franchisors
After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.
Features
Dying Intestate After Divorce
I have been practicing law for over 25 years, but I am still shocked when I hear that a person who spent so much time, effort, and money in a divorce proceeding has not taken the time to confer with an attorney and sign a will.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›