Navigating Litigation Conflicts in Troubled Corporations
December 31, 2015
When a corporation finds itself in troubled financial waters, litigation by shareholders and creditors often follows. Increasingly, such litigation takes the form of a class action suit commenced against the company, followed closely by a derivative action against the directors and officers. This may lead to significant ethics challenges for the attorneys involved.
Bit Parts
December 31, 2015
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
SEC Sets Limits on Crowdfunding
December 31, 2015
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Does Liability Insurance Cover Fantasy Sports Disputes?
December 31, 2015
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .
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.
The Inevitable Reinvention of the e-Discovery Industry
December 31, 2015
Electronic discovery professionals should consider a future where their current skills no longer merit the salaries they are accustomed to commanding. The current talents and knowledge bases that allow for professional leverage or vertical mobility in today's e-discovery job market still have, and will always have, immense value to their employers. However, the growing reality is that employers will not need ' or be able ' to compensate the professional population with premiums in salary.
Business Crimes Hotline
December 31, 2015
On Dec. 4, 2015, the DOJ announced that 16 additional FIFA officials have been implicated in the widespread, 24-year soccer corruption scandal.
New Year's Resolution for GCs in 2016: Establishing a Data Governance Committee
December 31, 2015
Data is an increasingly valuable corporate asset that must be managed competently, efficiently and responsibly in order for a company to be well-positioned to thrive in a connected and data driven economy. Governing of the organization's data must be a priority for 2016. Organizations that don't put proactive systems in place now may find themselves a distant memory from the dawn of the age of the Internet of Things (IoT) for a whole host of reasons.
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.
111010001: An Article of Commerce?
December 31, 2015
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
