What In The World Is Going On With Lawyer Retirement Planning?
November 30, 2005
In Part One, the author provided an overview of what lawyers (and their firms) were doing about retirement planning, including a discussion on firms that do not use unfunded obligations ' The First Camp. Part Two examines firms that use unfunded retirement obligations, and the current trends in partner retirement planning.
Sarbanes-Oxley Versus The Attorney-Client Privilege
November 29, 2005
Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers. To that end, the SEC imposes certain reporting requirements on corporate counselors, attempts to preempt state ethics rules, and DOJ prosecutors routinely pressure "target" corporations to waive the attorney-client privilege to obtain "cooperation" points. Corporate counselors must be aware of those initiatives to properly balance their competing obligations.
When Does A Workday Begin? When Does It End?
November 29, 2005
These relatively simple questions are not always easy to answer, particularly when they pertain to pay issues under the Fair Labor Standards Act (FLSA). On Nov. 8, 2005, the U.S. Supreme Court provided some needed clarification in two consolidated cases ' IBP, Inc. v. Alvarez and Tum v. Barber Foods, Inc.
The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well
November 29, 2005
The Seventh Circuit has reaffirmed a competitor's right to copy and use unprotected product designs ' and clarified the ability to do so without violating the Lanham Act for "passing off" or trade dress infringement. <i>Bretford Mfg., Inc. v. Smith System Mfg., Corp.</i> This article examines the legal precedent behind the right to copy and use unprotected product designs in the context of this case, and provide analysis of its impact.
Class Action Waivers in California: Discover Bank and Employment Arbitration
November 29, 2005
It is a matter of significant controversy and a subject of much litigation whether the U.S. Supreme Court's Federal Arbitration Act (FAA) jurisprudence enforcing pre-dispute arbitration agreements, regardless of whether the underlying dispute derives from contract, statute or public policy, extends to situations where individuals seek to bring class claims on behalf of large groups either in court or before the arbitral tribunal. Mostly, the decisions have supported this extension, provided the arbitration agreement authorizes the decision-maker to apply statutory as well as contract law and to award statutory remedies for proven violations. Because plaintiffs' lawyers have responded to these developments by bringing class claims in arbitration, despite silence in the underlying agreement whether the arbitrator possesses "class certification" authority, a number of companies have inserted express class action waivers in their arbitration programs. A recent decision of the California Supreme Court places in question the legal effectiveness of this response, at least in that state and for "consumer"-type claims.
Hotline
November 29, 2005
Dismissal of jury's insider trading guilty verdict upheld: A divided Second Circuit has upheld the dismissal of a guilty verdict against a computer company…
e-Meetings: The Same As, And Different From, Traditional Meetings
October 31, 2005
e-Meetings have the same Constitutional protections and require lawyers to take the same precautions to preserve associated privilege as they must in traditional meetings. It is important then for counsel advising e-businesses and those conducting e-meetings to note ' and for those participating in them ' that e-meetings impose the same ethics requirements for confidentiality that traditional meetings do. <br>But the ethereal nature of e-meetings can induce in participants and counsel a false sensation of security, which is something to guard against. This false sense of security is erroneously based on the belief that the Internet hides identity, and that because of that, confidentiality perhaps needn't be a concern.
Corporate Minutes: The Not-So-New Frontier
October 27, 2005
Until recently, the subject of corporate minutes seemed about as interesting ' and received about as much attention ' as watching paint dry. However, for a number of reasons, the subject now receives considerable attention from the legal and corporate governance communities, and from boards of directors themselves.
Punitive Damages: Focusing on Unfairness to Craft Winning Defenses
October 27, 2005
What does it take for a corporation to win a punitive damages case? A traditional defense focus on liability and compensatory damages is insufficient. To win, a focused defense to punitive damages must be prepared. <br>Preparing a punitive damages defense requires careful crafting, based on the unique facts of the case and a clear understanding of the corporation. While the punitive damages defense of each case is unique, there are a few steps that must be addressed in every punitive damages case in order to win.
Wireless and Joint Commercial E-mail Messages Under CAN-SPAM
October 27, 2005
E-mail and wireless marketers have been coping with some confusion for the last 2 years over the application of the federal CAN-SPAM Act to certain kinds of promotional e-mail campaigns. The agencies responsible for promulgating regulations under the Act recently have provided some important, practical guidance on the use of e-mail messages sent to wireless devices such as cell phones and the conduct of joint e-mail campaigns. Now, with guidance from the regulators, corporate counsel can not only know the legal requirements, they can also guide their companies in using the regulations to their own best advantage.
