When Is Mediation Appropriate Pursuant to Bankruptcy Code Section 327(a)?
January 31, 2016
With the utilization of mediation as a dispute resolution tool in bankruptcy cases becoming increasingly common, it is important that courts remain vigilant in protecting the integrity of the mediation process. As the Second Circuit once famously stated in another context, "[t]he conduct of bankruptcy proceedings not only should be right but must seem right."
Case Notes
January 25, 2016
U.S. Judge Tosses Qui Tam Action Against Lockheed Martin A federal judge has dismissed a qui tam case in which would-be whistleblowers raised allegations that aerospace giant Lockheed Martin billed the government for cost overruns and failed to disclose shoddy work. U.S. District Judge Kim R. Gibson of the Western District of Pennsylvania gave one of the two relators leave to file an amended complaint, leaving the door open for further action in the case. …
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Problems with the New Test for Joint-Employer Status
December 31, 2015
Last summer, the National Labor Relations Board (NLRB) reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Wage and Hour Red Flags
December 31, 2015
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We conclude herein with points 9 through 16.
Protecting Your Company's Data from Security Breaches
December 31, 2015
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
December 31, 2015
BYOD implementation can come in a wide variety of different formulations, but it essentially means that employees are choosing their own hardware and, to one degree or another, mixing personal and business use on a device. This means personal devices with no control from employers other than perhaps some unmonitored, unenforced, and mostly unread policy guidance.
Federal Contractors Must Offer Paid Sick Leave to Their Employees
November 30, 2015
On Sept. 7, 2015, President Barack Obama signed Executive Order No. 13706, which requires federal contractors to offer their employees working on federal contracts up to seven days of paid sick leave per year. The Executive Order will impact contracts entered into on or after Jan. 1, 2017.
