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We found 1,049 results for "The Corporate Counselor"...

NLRB: McDonald's Is Joint Employer With Franchisees
September 02, 2014
Richard Griffin Jr., general counsel of the NLRB, brought a new meaning to the phrase "Big Mac Attack" that could frighten franchisors across the country by threatening to jointly charge McDonald's USA over alleged workplace violations at its franchisees' stores. And his expansion of parent liability could spread beyond fast-food chains to other industries.
Employees Can Decline Qualifying Leave Under the FMLA
September 02, 2014
As a result, an employer can insist on designating leave as FMLA if it has reason to believe it qualifies, and then can retroactively remove the designation (to the benefit of the employee) if it turns out the leave was not qualifying. The bell can be "unrung," but only if it benefits the employee.
Using Social Media Content to Defend Employment-Related Lawsuits
September 02, 2014
The varied nature of the forms of social media content, and the fluid manner in which it changes as users add, revise, and share content, presents complex challenges in the context of discovery. So is social media discoverable?
Collecting Social Security Numbers
September 02, 2014
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings
August 02, 2014
On June 26, 2014, the Supreme Court issued its long-awaited <I>Noel Canning</I> decision, and invalidated President Obama's January 2012 appointments of three individuals to the National Labor Relations Board (the NLRB or Board).
The EU 'Right to Be Forgotten' Google Judgment
August 02, 2014
In mid-May, the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, concerning Google. Here's what it means to U.S. businesses.
Immigration Compliance
August 02, 2014
With the dire and obvious need for immigration reform and the equally obvious slow move toward adopting a comprehensive solution, some companies choose to put immigration compliance on the back burner. Bad idea.
Supreme Court Preserves Fraud-On-the-Market Presumption in Securities Fraud Litigation
August 02, 2014
The U.S. Supreme Court recently issued its long-awaited decision in <I>Halliburton v. Erica P. John Fund, Inc.</I>, and the result was very much in line with the forecasts of those who predicted a kind of split decision.
SEC Narrowly Adopts Money Market Fund Reforms
August 02, 2014
Years of debate between regulators and the securities industry dating back to the financial crisis came to an end on July 23 when the SEC narrowly approved rules aimed at lessening the risk of investor runs on money market funds.
Collecting Social Security Numbers
August 02, 2014
The mere collection of SSNs may put businesses in violation of state laws, in addition to the liability they may face for failing to protect the SSN information.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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