Supreme Court Blockbuster Decision
July 29, 2010
On June 24, the Supreme Court issued its long-awaited decision in <i>New Process Steel, L.P. v. NLRB</i>, ruling that the National Labor Relations Board (does not have the authority to issue decisions without at least three members currently sitting on the Board. The decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members.
Valuing Payments in Lieu of WARN Notice
July 29, 2010
Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.
F-Cubed=0
July 29, 2010
Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).
Pre-Employment ADR Waivers
July 29, 2010
In light of a recent Sixth Circuit decision, general counsel for companies with ADR programs should ask themselves if their waiver needs to be knowingly executed and what steps should be taken to ensure it is. This article addresses these issues.
Navigating the Changing Technological Landscape
July 29, 2010
The U.S. Supreme Court's recent decision in <i>City of Ontario v. Quon<i> offers employers useful guidance with respect to up-to-the-minute issues in this area, and reaffirms some preventative measures that forward-looking employers should already have in place.
Business Valuation In a Collaborative Divorce
July 29, 2010
When appraisal of a business is conducted in conjunction with a collaborative divorce, it is fundamentally different from one carried out in a more adversarial divorce setting.
Conducting an Effective and Preventative Compensation Review
July 29, 2010
With the passage of the Lilly Ledbetter Fair Pay Act, the EEOC's and OFCCP's increased focus on compensation discrimination, and the government's increased budget for these agencies, compensation decisions are destined to come under increased scrutiny from employees, their attorneys and the government.
Interim 'So-Ordered' Stipulations
July 29, 2010
What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.
Yes, We Can ' Raise Fees
July 29, 2010
Accept the fact that those clients who value your service regardless of higher fees will remain with you, while those clients who do not want to pay a higher fee will seek other counsel.