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We found 1,061 results for "Employment Law Strategist"...

Office Bully Takes One on the Nose
April 14, 2011
With a zero-tolerance attitude toward workplace bullying, employers can minimize the impact of the workplace bullying legislation that is bound to come to light in the near future, and in the meantime, maintain a safer and more productive workplace.
Limitations on Third-Party Discovery in Arbitration
April 14, 2011
The decision to submit all employment disputes to mandatory arbitration only should be made after a careful analysis of the pros and cons so that the employer can determine whether the perceived benefits of arbitration actually are worth the significant disadvantages.
Arbitration Agreements in the Wage-and-Hour Context
April 14, 2011
For corporate attorneys, questions about how an employer can limit both the costs associated with and exposure to wage-and-hour claims have become ever more difficult. Employer-employee arbitration agreements may be part of the answer.
<b><i>BREAKING NEWS:</i></b> Business Community OK with New ADAA Implementation
April 07, 2011
The business and disability rights communities are uniting behind long-awaited, final regulations implementing the 2008 Americans With Disabilities Amendments Act. The regulations become effective on May 24, 2011.
Supreme Court Appears Sympathetic to Wal-Mart in Class Action
March 30, 2011
The massive class action against retail giant Wal-Mart Stores Inc. ran into stiff resistance at the U.S. Supreme Court on March 29, after surviving lower court challenges ever since it was launched 10 years ago. 'It's not clear to me: What is the unlawful policy that Wal-Mart has adopted?' said Justice Anthony Kennedy, who as usual is the likely swing vote in the closely watched business case <i>Wal-Mart v. Dukes</i>.
Non-Compete and Trade Secret Concerns for In-house Lawyers
March 28, 2011
Here is a Top Ten list of concerns for in-house lawyers and the companies they represent.
Separation and Settlement Agreements
March 28, 2011
This article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.
U.S. High Court Recognizes Title VII Third-Party Retaliation Claim
March 28, 2011
Retaliation claims are the most dangerous and powerful of allegations under Title VII. The <i>Thompson v. North American Stainless LP</i> decision has the potential to dramatically expand the scope of such claims.
What's Private in the Private Workplace?
March 28, 2011
Unlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
March 22, 2011
The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.

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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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