The NFL's Compliance Fumbles
October 02, 2014
To manage reputational risk, organizations, like the NFL or your company, set forth clear rules on what is required for employees, telling them what doing a good job looks like. One of the key components of these rules is a system of disciplinary action with escalating punishment depending upon the rule infraction.
Practice Tip: Maintaining Privilege with Consultants
October 02, 2014
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Allocating Costs to Policyholders for Periods of No Insurance
October 02, 2014
Regarding coverage for injury or damage that has taken place over an extended time period, a majority of courts today allocate costs using the pro rata method, which assigns to each policy in effect during the applicable time period the share of costs proportionate to the amount of injury or damage that took place while the policy was in effect. But what is the "unavailability exception" ?
Unfinished Business Claims
October 02, 2014
Last month, in Part One of this article, we explained that two judges sitting in the District Court in the Northern District of California had issued decisions with respect to unfinished business claims. The rulings on all these cases (one of which was updated after press time) favored the law firm defendants. We continue this discussion herein.
Rare NY Court of Appeals Reversal
October 02, 2014
In the widely reported decision in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co</I>, the New York Court of Appeals placed in the path of insurers a very high and potentially dangerous new legal standard.
In the Courts
October 02, 2014
An in-depth discussion of a Chinese counterfeiting case.
Time to Upgrade 28-Year-Old Electronic Privacy Law?
October 02, 2014
Apple Inc., Google Inc. and Microsoft Corp. are putting new pressure on Congress to update a 28-year-old law that governs how the federal government can obtain U.S. citizens' electronic data.
Social Media Invades and Modernizes Employment Practices
October 02, 2014
For employers, social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. Nonetheless, some studies show that 40% of employers search social media during the hiring process. While there are not currently any laws in the United States forbidding employers from gleaning information from social media, improper use can get them into trouble.
Back to School
October 02, 2014
With schools back in session, now is the time for employers to review hiring, payment and scheduling practices for workers under the age of 18. The myriad federal and state child labor laws that employers must heed range from work permit requirements to the hours and type of work performed, all of which vary based on an employee's age and whether school is in session.
Employee Bad Acts
October 02, 2014
How should the plaintiff's attorney proceed against a hospital and/or medical institution when seeking to hold it civilly liable for the bad acts of its employees?
