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Can the EEOC Be Trusted to Police Its Own Compliance? Image

Can the EEOC Be Trusted to Police Its Own Compliance?

Mark Girouard

The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. This conciliation process often works to the benefit of employers, the Commission, and the individuals whom it represents. But is this always the case?

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory <br>No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor

Features

Law Firm CMOs Image

Law Firm CMOs

Michael DeCosta

Where does a CMO/CBDO belong on the law firm organizational chart? The author explains his point of view.

Features

Commercial Lease Diligence Image

Commercial Lease Diligence

Jackie M. Burkhardt

This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review.

Features

Your Website's Terms Of Service Are Unenforceable Image

Your Website's Terms Of Service Are Unenforceable

Joshua Kaufman

The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.

Features

NY Court of Appeals Rejects Claim of Internet Jurisdiction Image

NY Court of Appeals Rejects Claim of Internet Jurisdiction

Shari Claire Lewis

Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.

Features

Collaborative Work Product Reviews Image

Collaborative Work Product Reviews

David A. Martindale & and James R. Flens

The evaluation process consists of gathering information; the integration of that information in order to formulate opinions; and the organization and presentation to families, attorneys, and courts, of the information that was gathered, coupled with the expression of expert opinions formulated and recommendations offered.

Features

Avoid Trust Accounting Pitfalls through Proper Internal Controls Image

Avoid Trust Accounting Pitfalls through Proper Internal Controls

Steven A. Davis & Marc Feigelson

Many attorneys run into issues related to the improper management of trust accounts, and some firms don't have the appropriate safeguards and checks in place to help prevent issues. Implementing proper controls can help reduce the risk of trust accounting improprieties and errors.

Will Privacy Come Of Age in 2015? Image

Will Privacy Come Of Age in 2015?

Dan Currell

Some 43% of companies report knowing that they experienced a data breach last year. Since breaches are hard to detect, it's safe to say that the other 57% can't be sure whether they were breached or not. One thing that's certain is that big data breaches were the story of 2014 ' and it seems likely that they will keep coming.

Features

Corporate Cooperation: What it Now Means for Companies and Employees Image

Corporate Cooperation: What it Now Means for Companies and Employees

Jonathan S. Feld & Kara B. Murphy

A recent series of speeches from senior DOJ officials are a signal to corporate counsel to stress the importance of, and actions needed for corporate cooperation and self-disclosure.

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