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SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
November 02, 2017
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
The Dark Web
November 02, 2017
The goals of this article are: 1) to provide a basic outline of the structure of the Web and to provide some insight into the purpose for and content housed on each level; and 2) to give some practical tips on preventing your company's data from ending up on the Dark Web.
Engaging Lawyers in a Follow-Up Initiative: A Case Study
November 02, 2017
A look at a recent group coaching initiative at a major law firm. Having had success with group coaching in the past, the CMO established a six-month pilot program and chose eight attorneys to participate. Here's what happened.
<i>Legal Tech</i><br>Sedona Conference Releases Finalized Third Edition of the Sedona Principles
November 02, 2017
<b><i>The Often-Cited e-Discovery Guidelines Were 'Put Through the Ringer,' and the Result Is Updated Principles and Expanded Commentary for a New Technological Age</b></i><p>Outside of guiding rules of evidence and procedure, the Sedona Principles are perhaps the most often-cited guidelines for handling electronic discovery today. But the Principles had not seen a full-scale rewrite since 2007. Since that time, electronic data sources have exponentially increased and e-discovery itself has morphed into a $10 billion business. The wait, though, has come to a close.
Read This Before You Set Your 2018 Billing Rates
November 02, 2017
Setting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.
<b><i>Sales Speak:</i></b> Award Winners: What Can We Learn?
November 02, 2017
In every issue of <i>Marketing the Law Firm</i>, we read about best practices and new trends. However, not even that prepared us for this year's LSSO (Legal Sales and Service Organization Inc.) Legal Sales and Service Awards winners — specifically, the long-term success established in a short amount of time at two law firms.
The FLSA's Overtime Provisions
November 02, 2017
<b><i>Construing Them Broadly, But the Exemptions Narrowly</i></b><p>FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.
Cooperatives & Condominiums
November 02, 2017
Discussion of two recent cases.
Preventing Insider Trading at Biopharma Companies
November 02, 2017
Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.
Oral Appellate Arguments in 'Blurred Lines' Copyright Case
November 02, 2017
Lawyers for Marvin Gaye's heirs and recording artists Pharrell Williams and Robin Thicke were singing past each other in court in October. But it wasn't clear which side was making the most headway with the appellate court.

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