Supreme Court Review: FLSA, Title VII, First Amendment, Religious Freedom
September 01, 2016
This review of U.S. Supreme Court decisions from the 2015-16 term in the area of labor and employment law looks at rulings pertaining to whether automobile service advisers are exempt from overtime pay under the FLSA; whether a ruling on the merits is a necessary predicate to finding a defendant is a prevailing party eligible for an attorney fees award under Title VII; and much
Case Notes
September 01, 2016
Analysis of a case in which Tylenol defendants' experts failed the <I>Daubert</I> test
Privacy and Security of Personal Information Collected by Employee Benefit Plans
September 01, 2016
High profile cyberattacks and data breaches have become routine occurrences. Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for <i>when</i> a data breach occurs, not <i>if</i>. Data collected by employee benefit plans includes sensitive information that makes them a particularly attractive target for cybercrime.
Sullivan & Worcester's Advancement Think Tank
September 01, 2016
This article explores a firm's content development initiative experiment from the marketing and professional development perspectives. A group of about eight senior associates, known as SWATT (Sullivan & Worcester's Advancement Think Tank), were charged with developing the content. Here is their story.
Three-Way Stop: Project Management, Technology and Process Improvement
September 01, 2016
Legal Project Management has seen an explosion of interest from the legal industry in recent years. It has been touted as the key to efficient legal work and a cure-all for the woes of fixed fees, fee caps, and lawyers who blow budgets. But what are the drawbacks?
The SEC Whistleblower Program
September 01, 2016
Last month, in Part One of this article,we examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, we take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims, and we examine the claim decisions rendered through April 2016.
The Troubled Energy and Production (Oil and Gas) Sector
September 01, 2016
The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.
EU-U.S. Privacy Shield Finalized
September 01, 2016
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
Should You Reconsider Your Bankruptcy Remoteness Strategy?
September 01, 2016
Two recent bankruptcy court decisions have highlighted certain weaknesses regarding bankruptcy remoteness ' a concept that typically arises in the context of structured finance and asset securitization transactions.
Cybersecurity Beyond Traditional Risk Management
September 01, 2016
At a recent CIO panel, an audience member asked the three of us on stage: "What do you see as your number one priority in the coming 12 months?" I responded "cybersecurity" without hesitation. The panelist that followed said that cybersecurity was a priority, but that it is a subset of risk management. This was not the first time I have heard the chief information pro and/or technologist in a large company make that point, and I have to respectfully disagree.
