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Problems with the New Test for Joint-Employer Status
December 31, 2015
Last summer, the National Labor Relations Board (NLRB) reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
The Inevitable Reinvention of the e-Discovery Industry
December 31, 2015
Electronic discovery professionals should consider a future where their current skills no longer merit the salaries they are accustomed to commanding. The current talents and knowledge bases that allow for professional leverage or vertical mobility in today's e-discovery job market still have, and will always have, immense value to their employers. However, the growing reality is that employers will not need ' or be able ' to compensate the professional population with premiums in salary.
Business Crimes Hotline
December 31, 2015
On Dec. 4, 2015, the DOJ announced that 16 additional FIFA officials have been implicated in the widespread, 24-year soccer corruption scandal.
New Year's Resolution for GCs in 2016: Establishing a Data Governance Committee
December 31, 2015
Data is an increasingly valuable corporate asset that must be managed competently, efficiently and responsibly in order for a company to be well-positioned to thrive in a connected and data driven economy. Governing of the organization's data must be a priority for 2016. Organizations that don't put proactive systems in place now may find themselves a distant memory from the dawn of the age of the Internet of Things (IoT) for a whole host of reasons.
Problems with the New Test for Joint-Employer Status
December 31, 2015
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
111010001: An Article of Commerce?
December 31, 2015
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
December 31, 2015
The Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> announced a sweeping change to the law of personal jurisdiction. The Court held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home."
Quarterly State Compliance Review
December 31, 2015
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2016. It also looks at some recent decisions from the courts of Delaware, Minnesota and Texas.
Med Mal News
December 31, 2015
Items about website slander of a doctor, and over-prescription of drugs.
Cybersecurity Insurance Coverage: Prudent Risk Management for Companies of All Sizes
December 31, 2015
The Connecticut Supreme Court recently published the much anticipated decision in <I>Recall Total Info. Mgmt., Inc. v. Fed. Ins. Co.</I> However, those waiting for expanded guidance from the court with respect to coverage for cyber law and/or cyber exposures were most likely disappointed.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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