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Who Is 'Any Person'Anyway? Image

Who Is 'Any Person'Anyway?

William Wright & Trhesa Barksdale Patterson

The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.

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Satisfying Fiduciary Duty Under ERISA Image

Satisfying Fiduciary Duty Under ERISA

David Tabak

The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.

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Are Interns Employees? Image

Are Interns Employees?

Matthew Nelson

If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.

Features

Applying the ACC Value Index to e-Discovery Providers Image

Applying the ACC Value Index to e-Discovery Providers

Mary Mack

Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.

Features

Using Ground Leases in a Difficult Economy Image

Using Ground Leases in a Difficult Economy

Steven Simkin & Barry Langman

Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.

Features

Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales Image

Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales

Sam J. Alberts & David Lee Tayman

In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.

Features

Adult Uses: Adequate Alternative Sites Image

Adult Uses: Adequate Alternative Sites

Stewart E. Sterk

When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters &

Up-to-date news.

Features

<i>Tiffany v. eBay </i> Image

<i>Tiffany v. eBay </i>

Roberta Jacobs-Meadway

The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany &amp; Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.

Features

When 'If and When' Becomes 'Here and Now' Image

When 'If and When' Becomes 'Here and Now'

Mary Cushing Doherty

The recent merger of Wyeth and Pfizer illustrates some of the problems arising from these mergers and the resolution of these problems. Part One of this article addressed deferred compensation and performance share awards. The conclusion herein addresses options.

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