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Adult Internships
May 27, 2009
Some people are seeking unpaid internships to obtain on-the-job training in a new industry. While employers may welcome this new trend, it is important to be aware that there are federal regulations governing whether an intern must be paid in accordance with the wage and hour laws that apply to employees of your company. This article briefly examines the applicable test, and discusses some practical tips that may enhance the likelihood that your company's program will pass regulatory muster.
Labor and Employment
May 27, 2009
Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.
Strategic Considerations When Conducting an Internal Investigation
May 27, 2009
When it comes to workplace fraud, large or small, a well-planned and carefully executed investigation can help the company defend itself from potential civil and sometimes criminal liability.
D&O Liability
May 27, 2009
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Revlon Duties Do Not Prohibit Acceptance of a Compelling, Pre-Emptive Bid
May 27, 2009
In a much-anticipated decision, the Delaware Supreme Court recently overturned the controversial ruling of the Delaware Court of Chancery in <i>Lyondell Chemical Company v. Ryan, C.A.</i> Here is an analysis of the decision and its aftermath.
The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
May 26, 2009
Part One of this article discussed the need for audio recording interviews in child custody cases to provide objective evidence. The conclusion herein discusses the ways to address the interviewer's objections to audio-taping.
Gay Marriage: A Changing Legal Landscape
May 26, 2009
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
Perplexing Problems Under the Uniform Transfers to Minors Act
May 26, 2009
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
Case Notes
May 26, 2009
Recent rulings of interest.
Twombly's Plausibility Standard in Product Liability Cases
May 26, 2009
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."

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