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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.
Wyndham Settles FTC Data Breach Suit
December 31, 2015
Being a test case can make you a hero, your name immortalized in case cites as you bask in amici gratitude.
Drug & Device News
December 31, 2015
News about a new emergency opioid overdose-counteracting medication.
Cooperatives & Condominiums
December 31, 2015
A look at a case in which a unit owner's claim was dismissed for failure to show damages.
Litigating Effectively in a Contentious Environment
December 31, 2015
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Navigating Litigation Conflicts in Troubled Corporations
December 31, 2015
When a corporation finds itself in troubled financial waters, litigation by shareholders and creditors often follows. Increasingly, such litigation takes the form of a class action suit commenced against the company, followed closely by a derivative action against the directors and officers. This may lead to significant ethics challenges for the attorneys involved.
Bit Parts
December 31, 2015
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
SEC Sets Limits on Crowdfunding
December 31, 2015
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Does Liability Insurance Cover Fantasy Sports Disputes?
December 31, 2015
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .
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.

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