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|Challenges Faced by In-House Counsel Concerning Privilege|
Matthew C. Miller; Weston Hurd LLP;
April 23, 2014, previously published on April 2014In-house counsel face ethics questions that are significantly different from outside counsel or criminal defense attorneys. For example, application of the attorney-client privilege in the corporate context can be complicated, leading to confusion as to who the client of the corporate counsel is...
|Same-Sex Marriage and Business Partnerships|
Donald F. Kochersberger, Timothy R. Mortimer; Business Law Southwest LLC;
April 20, 2014, previously published on April 15, 2014Owning a business with one's spouse is a common - albeit arguably stressful at times - occurrence.
|Third Party Information Technology Sourcing May Create Unidentified Risks for Employers, Global Corporations|
Ian R. Macdonald; Greenberg Traurig, LLP;
April 15, 2014, previously published on April 7, 2014All employers that use third-party information technology sourcing entities may be sitting on unidentified risk. One of the world’s largest technology outsourcing companies, Infosys Corp., was fined a record $34 million for immigration-related violations last fall. This settlement represents...
|Avoiding Privilege Pitfalls: Barko Calls for Caution|
Matthew P. Diehr, Matthew T. Schelp; Husch Blackwell LLP;
April 3, 2014, previously published on April 2, 2014Corporations conducting internal investigations need to be wary that information learned and materials generated in the course of these investigations may later fall into the hands of adversaries in litigation.
|Disputes Regarding the Statute of Limitation of the Right of Claim under Article 72, Paragraph 1 of the Labor Insurance Act|
Serena Kao; Lee Tsai Partners Attorneys-at-Law;
March 24, 2014Disputes Regarding the Statute of Limitation of the Right of Claim under Article 72, Paragraph 1 of the Labor Insurance Act
|The Second Opinion: When is a Little Knowledge a Dangerous Thing? When it is used to Disqualify In-House Counsel|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
March 12, 2014, previously published on February 28, 2014A powerful tool in the litigation arsenal is the bringing of a motion to remove counsel from a file, either because she possesses disqualifying confidential information or faces a disqualifying conflict of duty. A recent ruling of the Federal Court of Appeal, Valeant Canada LP v. Canada, 2014 FCA...
|Are We Headed Toward “Basic Writ Small”?|
Patricia A. Gorham, Amelia Toy Rudolph, W. Scott Sorrels, Steuart H. Thomsen, Bryan M. Ward; Sutherland Asbill & Brennan LLP;
March 10, 2014, previously published on March 6, 2014The U.S. Supreme Court heard oral argument yesterday in the closely watched Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, which places in the Court’s crosshairs the continued viability of the fraud-on-the-market presumption of reliance first articulated by the Supreme Court in...
|A New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits|
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014IT is no secret: California is viewed as perhaps the most employer unfriendly litigation forum in the Union. So
long as California remains the eighth largest economy in the world, there will be no shortage of employers providing the legal system with ample opportunities to demonstrate this.
|Exploring the Severe or Pervasive Requirement in Harassment Claims|
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012While creating a maximal productive environment is the key to preventing future harassment claims, defense counseling frequently begins only after someone files a claim, so your representation often will involve damage control.
|How To Confront A Performance Problem Without Being A “Quiet Herd Cutter”|
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2014, previously published on February 21, 2014In a previous post, I described the “Quiet Herd Cutter” problem, a term I have used to describe a phenomenon especially prevalent in law firms where employees’ failure to meet expectations results in being quietly excluded from new work. In this story, I present an alternate...