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Labor and Employment Law Changes in the Trump Era Image

Labor and Employment Law Changes in the Trump Era

Matthew B. Schiff & Kathryn C. Nadro

President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.

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Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements Image

Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements

Steven I. Adler & Lauren X. Topelsohn

Companies try to protect their reputations from executives who have "gone wild" by including moral turpitude clauses as a basis to terminate executives for cause under their employment agreements. Similarly, in the context of employment disputes, companies try to protect themselves through the use of non-disclosure, non-disparagement and confidentiality provisions in settlement agreements.

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To Train or Not to Train: That Is the Question Image

To Train or Not to Train: That Is the Question

Sharon Meit Abrahams

How to determine whether a performance discrepancy is serious enough to warrant action, and how training solutions should then be explored.

Features

To Relocate, or Not to Relocate; Was That Even the Intriguing Question in <b><i>Bisbing</i></b>? Image

To Relocate, or Not to Relocate; Was That Even the Intriguing Question in <b><i>Bisbing</i></b>?

Laurence J. Cutler & Alyssa M. Clemente

<b><i>Part One of a Two-Part Article</i></b><p>As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is <i>Bisbing v. Bisbing</i>. This case is an important example that can be used to explore this topic throughout the country.

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The False Claims Act Seal: Does It Bind and Gag the Defendant? Image

The False Claims Act Seal: Does It Bind and Gag the Defendant?

Andrew W. Schilling & Megan E. Whitehill

<b><i>Part One of a Two-Part Article</i></b><p>A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more complicated if that investigation is being pursued under the False Claims Act and arises as the result of a sealed <i>qui tam</i> complaint.

Features

The Consequences of Imperfect Foreclosure Affirmations Image

The Consequences of Imperfect Foreclosure Affirmations

Stewart E. Sterk

Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

Features

Workplace Bias and Gender Pay Equity in Silicon Valley, 2017 Image

Workplace Bias and Gender Pay Equity in Silicon Valley, 2017

Eric Akira Tate & Kathiana Aurelien

It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.

Features

Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel Image

Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel

Paul A. Rubin & Hanh V. Huynh

Substantive non-consolidation opinion letters have long been a regular "check-the-box" item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.

Features

Teaching an Old Dog New Tricks: Business Process Management and Law Firms Image

Teaching an Old Dog New Tricks: Business Process Management and Law Firms

Zachary Beauchemin & Alisha DiGiandomenico

Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.

Features

Lack of Gender-Diverse Partnership: Is It the Woman or the Firm? Image

Lack of Gender-Diverse Partnership: Is It the Woman or the Firm?

Daniella Isaacson

<b><i>Data-Driven Research by ALM Intelligence Suggests Three Reasons Why Gender-Diverse Partnership Fails</b></i><p>It is now common knowledge that female headcount within the ranks of Big Law partnership, both equity and non-equity, has held steady for the past few years at around 20%. The obvious question is, why?

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