Trends in Enterprise Legal Management
February 28, 2015
In this roundtable conversation, Marcus Hartmann , General Counsel, RB (formerly known as Reckitt Benckiser) and Jason Parkman, CEO, Mitratech, discuss trends in enterprise legal management, the tools it provides users, and the increased controls brought to legal departments using this technology.
The Abercrombie Religious Discrimination Case
February 28, 2015
Religious diversity in the United States is increasing, and so are charges of religious discrimination. Between In 2011 alone, the EEOC adjudicated 4,151 charges of religious discrimination. A look at a high-profile case.
Fiscal Year 2016 H-1B Cap
February 28, 2015
If companies have employees who will need to be sponsored for new H-1B visas for the fiscal year 2016, they should get started now. U.S. Citizenship and Immigration Services (USCIS) will start accepting new H-1B petitions for fiscal year 2016 on W ednesday, April 1, and it is extremely likely that this year's H-1B quota will be met within five business days of the opening.
Asymmetrical Reporting
January 31, 2015
As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).
Ethics and Obligations Regarding Global Big Data
January 31, 2015
It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best
January 31, 2015
Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.
'Independent Covenant' Language
January 31, 2015
It is a defense that has become perfunctory in restrictive covenant litigation ' "my former employer is barred from enforcing the restrictive covenant because it committed a prior breach of the agreement!" When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into a hearing at which an argument about what compensation agreement existed and whether the former employer breached that agreement takes place instead.
Recent NLRB Actions Force Employers to Change Established Policies and Practices
January 31, 2015
This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the <I>Noel Canning</I> case, which cast doubt on some recent NLRB actions.
Eliminating eDiscovery Redundancy
January 31, 2015
In-house and external legal teams are grappling with the collection, processing and review of ever-growing data volumes, and costs that increase in parallel. Most participants also expected a continued upward trend in e-discovery data volume over the next few years.