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Opt-Out Incentives: The Ins and Outs
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.
Internal Whistleblowers
<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</b></i><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i> to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
Estate of Ultra Festival Co-Founder Loses Stock Fight
The company that licenses the brand for Miami's Ultra Music Festival won a key appellate dispute against the estate of co-founder Alex Omes. Florida's Court of Appeal, Third District, has ruled that Omes' brother, Carlos, will not be appointed president of Ultra Enterprises Inc. and will have to accept the court's valuation of Alex Omes' shares, which was about 2% of what Alex Omes argued it should be.
Securing Your Information-Rich Employee Benefit Plans
Hackers have turned to a new information-rich source: employee benefit plans. This article examines the threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
FTC Moves Directly Against Social Media Influencers
The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.
Arizona's New Paid Sick Leave Law
As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.
Qualcomm Slammed In Patent Brawl With Apple
Qualcomm Inc. lost two pretrial skirmishes last month in its patent and antitrust battle against Apple Inc. — in just about every way imaginable.
'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
Professional Coaching: A Gift That Keeps on Giving
This article offers a case for legal marketers to consider when strategizing how to best support their lawyer clients on a level that they are personally unable to do on their own, given the many diverse demands within a busy marketing department.

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  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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  • Upping the Legal Training Ante
    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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