What In-House Counsel Should Know About the New Lease Accounting Standards
May 22, 2011
New accounting laws are in the final stages of being enacted. What does this have to do with in-house counsel? An explanation of the new standards and why they matter.
A Compelling Need for Change in Legal Hold Practices
May 22, 2011
Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.
Understanding and Mitigating the Legal Risks of Cloud Computing
May 22, 2011
There are also information governance implications, especially those involving electronic discovery, when moving to the cloud.
10 Tips for Helping Corporate Legal Departments Demonstrate Value
May 22, 2011
It is no longer enough to simply be a great lawyer and risk manager; corporate counsel must be effective business managers and be able to demonstrate the value they create for their companies in order to be considered successful.
Federal District Court Applies Supreme Court's 'Nerve Center' Test
May 21, 2011
While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.
Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney
May 16, 2011
In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys. Here's what to do.
In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights
May 16, 2011
A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.
Beware of 'Calculations' of Business Value
May 16, 2011
Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."
Facing Facebook, Facing Ourselves
May 16, 2011
According to a 2010 survey by the American Academy of Matrimonial Lawyers, more than 80% of its members have used or faced evidence plucked from social networking sites. The evidence is used not only to question parental fitness, but to prove marital misconduct.
MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›