Ninth Circuit Eyes Middle Ground in Oracle-SAP Feud
June 02, 2014
Oracle Corp. may have won half of its battle with SAP AG at the Ninth Circuit on May 13 as a three-judge panel seemed to agree the company can pursue hypothetical license damages for copyright infringement, even though Oracle has no track record of actually licensing its software to competitors.
Analytical Glue
June 02, 2014
At Bradford & Barthel, LLP, we're leveraging Big Hand, Net Documents, and Tableau in concert with our existing systems toward a 5:1 cost savings ratio for the firm over the next three years. Our strategy is to position ourselves to compete in the most stringent pricing comparisons available within our practice area. How?
Is Your Qualified Plan Prepared for a DOL Investigation?
June 02, 2014
The letter reads that there will be a visitor from the Department of Labor (DOL) coming to your business in roughly four or five weeks. The reason for the visit: They have determined they want to investigate your retirement plan(s). What next?
Seventh Circuit Reads Bankruptcy Safe Harbor Broadly
June 02, 2014
An in-depth look at a recent Seventh Circuit ruling on the "safe harbor."
In the Spotlight: The Co-Tenancy Clause
June 02, 2014
When a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <I>caveat venditor,</I> let the seller beware
Using 'Sharing Origination' Credit to Motivate Partners to Develop Business
June 02, 2014
In today's competitive practice environment, client origination looms large in its significance to the success of a firm's future. Hence, strong incentives should be provided to partners for "bringing new business from potential and existing clients through the door." Below, several kinds of Origination Credit are examined.
The March Toward Marriage Equality in a Post-Windsor Nation
June 02, 2014
In the march toward marriage equality, the Supreme Court's decision in <I>United States v. Windsor</I> continues to resonate, as federal district courts across the country have relied upon it in striking down state bans on same-sex marriage.
QDRO or Buyout: Preparing Today for A Secure Tomorrow
June 02, 2014
Some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by Qualified Domestic Relations Orders (QDROs), which guarantee the non-worker spouse (the non-owner) a share of the pension. Or the couple can opt for a buyout (sometimes called an immediate offset), by which one spouse trades away pension rights for another asset.
EU Data Protection Reforms Update
June 02, 2014
Corporate Counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.
Destroying Evidence?
June 02, 2014
This may come as a surprise, but neither the California Civil Discovery Act nor any case law interpreting the same specifically prohibits the intentional destruction of evidence prior to a lawsuit being filed ' regardless of whether such litigation is being contemplated or even probable.
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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