Yogi and Casey and Due Diligence
August 27, 2008
Yogi Berra and Casey Stengel remain icons in the lore of baseball. As attorneys, little did the authros realize that Yogi and Casey, in making their baseball remarks, were actually intending to guide us through the due diligence process that counsel deals with on a regular basis.
Be a Software Contract Hero
August 27, 2008
From the attorney's perspective, the RFP is a tool for collecting the information that becomes the heart and soul of the final contract and serves as a basis for the vendor's liability. This article spells out a "best-practices" RFP process, step by step.
LLC Interests May Constitute 'Securities'
August 27, 2008
Recently, the Second Circuit Court of Appeals, in affirming convictions for securities fraud and conspiracy to commit securities and mail fraud, ruled in <i>U.S. v. Leonard</i>, that interests in various limited liability companies ("LLCs") onstituted "securities" for purposes of the federal securities laws. The Leonard analysis is instructive of the process that a court will follow in considering the status of non-traditional securities, such as LLC interests, under the federal securities laws.
Meaningful Litigation Plans
August 27, 2008
This is the fourth in a series of articles discussing how in-house counsel can better manage litigation matters.
Work Overtime to Ensure That Your Unauthorized Employees Do Not
July 31, 2008
Tthe federal Court of Appeals in New York ruled earlier this year that an employer cannot necessarily avoid liability for overtime wages ' even if its policy requires prior approval for overtime work, and even if the employer did not have actual knowledge that its employees were working overtime hours. This article looks at the court's recent decision.
The Federal Arbitration Act
July 31, 2008
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
What the Insurance Industry Doesn't Want You to Know
July 31, 2008
Many companies give away their coverage for IP claims because they accept their insurers' self-serving assessment that coverage does not exist. This article provides an overview of the issues that typically arise when determining the extent of coverage for IP claims under advertising injury coverage.
Employers Must Bolster Their Policies Against Retaliation
July 31, 2008
Even in the absence of discrimination itself, juries often find employers guilty of retaliation with no more evidence than the short time between the employee's complaint and the alleged retaliatory act. Here's what to do.
A Creative Screening of Electronically Stored Information May Determine the Victor
July 31, 2008
Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
