Solving the Fight over Union Residuals
August 28, 2007
The Writers Guild of America has been negotiating with the Alliance of Motion Picture & Television Producers for a new collective bargaining agreement. The current agreement expires on Oct. 31, 2007. The current agreements of the Directors Guild of America and Screen Actors Guild of America end on June 30, 2008. This article summarizes some of the key conflicts that may trigger threatened guild strikes. Most of these issues relate to the income base and calculation of residuals. This article suggests a simple and fair alternative method for calculating residuals that eliminates all the contentious issues, not just in the pending negotiations of the guild agreements, but also in practice.
Anatomy of an IP Theft
August 28, 2007
Matters related to intellectual property ('IP') have become so common in our e-discovery and computer-forensics practice that when we tell our staff there's a new matter requiring our attention, the general response is typically: 'Let me guess ' another company where a former employee has left for a competitor or created a startup, and allegedly stole the company's key intellectual property to get a head start.' From that point, we delve into another adventure to hunt down the next smoking gun and, in some instances, the silver bullet.
Changes to Retiree Health Benefits
August 28, 2007
Changes in accounting rules, spiraling health-care costs, increased competition and changing demographics converge to make it economically infeasible for some employers to continue providing such benefits at the generous levels of years past. Consequently, many companies have been compelled to modify their retiree health plans in ways that reduce or eliminate some benefits or that require retirees to pay more out of pocket. These changes have resulted in an avalanche of litigation.
E-Discovery Rules
August 28, 2007
For employers that have, to date, managed to avoid battles over e-discovery, time is short. Every hour spent preparing for the inevitable discovery dispute before litigation commences will save incalculable angst once litigation starts, and can make the difference between winning or losing important legal battles. This article discusses these emerging realities in light of the Federal Rules' new e-discovery provisions and provides guidance to in-house counsel on how to prepare employers better for their obligations under the rules.
Employment-Based Visa Indecision
August 28, 2007
The government giveth and the government taketh away. Two weeks after announcing that most of the employment-based immigrant visa categories would be current on July 1, 2007, the Department of State ('DOS') reversed its announcement by stating that effective July 2, no visa numbers were available for employment-based immigrant visa categories, and further, would not become available until Oct. 1, 2007 (under fiscal year 2008 numbers).
Federal Contractors and Executive Order 11246
August 28, 2007
This past year has seen a flurry of activity under Executive Order 11246 ('EO 11246'), the law that governs the administration of affirmative action programs of employers that have certain government contracts or subcontracts. In the wake of these new changes, this article offers suggestions of best practices relating to one of the most noteworthy developments for EO 11246 compliance: the 'Internet Applicant' rule, which became effective on Feb. 6, 2006.
Military Leave Laws Move to the Frontlines
August 28, 2007
The Uniformed Services Employment and Reemployment Rights Act ('USERRA' or the 'Act') tends to be the employment-related statute most frequently placed on the back burner. Of course, this quickly changes when an employee seeks its protection or privileges. When that happens, managers and human resource professionals are often caught behind the eight ball trying to navigate requirements and entitlements of the law.
Not Just Another Article on e-Discovery Review
August 28, 2007
The author believes that the best e-discovery-review best practices should be characterized as the application of real-life lessons. He believes they are not complicated, and that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.
Pleading Standard for Securities Fraud Complaints
August 28, 2007
In Tellabs v. Makor Issues & Rights Ltd. (June 21, 2007), the U.S. Supreme Court offered clarity on the requirement in the Private Securities Litigation Reform Act of 1995 (the 'PSLRA') that plaintiffs in securities fraud actions plead with particularity facts giving rise to a 'strong inference' of scienter. There has been some disagreement on the impact of the ruling.
