A Court Again Quashes 'Doctrinal Novelty' By Prosecutors
May 02, 2015
We've been down this road before: Congress enacts broad anti-fraud provisions and "creative" prosecutors invent crimes until told to stop. The effort to limit prosecution to clear misconduct continued last month when the Supreme Court held that the anti-shredding provision of the Sarbanes-Oxley Act does not criminalize the throwing of fish overboard.
<b><i>Practice Tip:</i></b> Personal Injury Cases
May 02, 2015
Lawyers representing clients in personal injury claims face numerous ethical pitfalls every time they look for, evaluate, accept and handle a new case. Nonetheless, honesty, common sense and a solid understanding of the Rules of Professional Conduct should protect most from making mistakes.
Court Watch
May 02, 2015
Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer <br>Court Denies Franchisee's Motion to Vacate Attorneys' Fees Award
Transitioning Associates from Worker Bees to Rainmakers
May 02, 2015
There comes a day when the partners of your law firm will tell their associates that they need to build their own clientele. If you are the associate, this is a chilling moment. And if you are a marketing professional, here is how you can help.
Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?
May 02, 2015
Outside of U.S. bankruptcy usage, and for the vast majority of its life, the term "stalking horse" has referred to an artifice for predators. In some circumstances, a stalking horse bidder in a section 363 sale can more closely resemble the term's original meaning.
The Abercrombie Religious Discrimination Case
May 02, 2015
Religious diversity in the United States is increasing, and so are charges of religious discrimination. From 1999 to 2008, the U.S. Equal Employment OpportunityCommission (EEOC) received an average of 2,447 charges of such discrimination each year. Between 2009 and 2013, however, the EEOC received more than 3,000 such charges per year. In 2011 alone, the agency adjudicated 4,151 charges of religious discrimination.
<b><i>Online Extra:</b></i> DOJ Releases Cybersecurity Best Practices
May 01, 2015
Dealing with cybersecurity in the United States is challenging for many reasons, but one of the most frequently cited pain points is the patchwork of laws governing the space. Depending on your corporation's industry, consumer base and location, your legal requirements following a significant breach can change dramatically. The Department of Justice (DOJ) is now stepping up to help, setting a list of best practices organizations should bear in mind if and when they are…
Case Notes
April 27, 2015
Wal-Mart Hit with Two Overtime Suits Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart. The company had moved to dismiss both suits, which allege that assistant store managers weren't paid for their overtime hours, but a federal judge in Pittsburgh denied the motions and allowed the suits to proceed. …
Different Faces of Follow Up
April 06, 2015
Though follow up can take many different approaches, the overall non-negotiable component involves any action step which provokes the other party (existing client, prospect, etc.) to want to continue contact with you.
