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We found 1,062 results for "Employment Law Strategist"...

Data Breaches by Employees<br><b><i><font="-1">How to Keep Your Company Out of the Headlines</b></i></font>
March 02, 2017
The more we understand about how data breach incidents originate and propagate, the more likely we are to shift focus from outsider hackers to insider (employee) threats. Insider threats can be malicious, but often they are accidental.
Death of DOL Fiduciary Rule May Not Be Imminent
March 02, 2017
If one follows the recent onslaught of articles and blogs, Donald Trump's election to the presidency has placed a target squarely on the back of a DOL rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and IRAs. Yet reports of the rule's demise may be premature.
Using Background Checks to Hire and Retain Employees
March 01, 2017
The ability to hire and retain a competent, responsible workforce distinguishes the great human resources managers from the merely mediocre ones. Retention is highly valued in most successful businesses because hiring on limited information often comes down to more luck than skill, and nobody wants to engage in hiring more often than absolutely necessary.
Do Your Employment Practices Violate Antitrust Law? They Might!
February 01, 2017
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.
The Meaning of 'Sex'<br><i><font size="-1">LGBTQ Rights Under the Legal Microsope</i><br><i>Part Two of a Two-Part Article</font></i>
February 01, 2017
The Supreme Court's decision in <i>Gloucester County School Board v. G.G.</i> is likely to have a significant impact on federal workplace discrimination laws, despite the fact that the case does not implicate the employment relationship, or involve employment law.
'Potential Client' Conflict Issues: Six Tips for Avoiding Them<br><b><i><font size="-1">Part Three of a Three-Part Article</font></b></i>
February 01, 2017
Problems can arise for attorneys and their clients when a lawyer consults with a third party but ultimately is not retained. As the author discussed in Parts One and Two of this article, communication with such a potential client might disqualify the lawyer from representing his or her current client. Following are his six tips for avoiding this problem.
Injunction of the DOL's Overtime Rule and Its Appeal
February 01, 2017
Is the Department of Labor's overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
Did the New Cause of Action for Job Applicants Under the ADEA Get Axed?
February 01, 2017
In <i>Villarreal v. R.J. Reynolds Tobacco Co.</i>, the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases
January 01, 2017
this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?
The Human Factor In Information Security
January 01, 2017
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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