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Adobe PDFChallenges Faced by In-House Counsel Concerning Privilege
Matthew C. Miller; Weston Hurd LLP;
Legal Alert/Article
April 23, 2014, previously published on April 2014
In-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...

 

HTMLSame-Sex Marriage and Business Partnerships
Donald F. Kochersberger, Timothy R. Mortimer; Business Law Southwest LLC;
Legal Alert/Article
April 20, 2014, previously published on April 15, 2014
Owning a business with one's spouse is a common - albeit arguably stressful at times - occurrence.

 

HTMLThird Party Information Technology Sourcing May Create Unidentified Risks for Employers, Global Corporations
Ian R. Macdonald; Greenberg Traurig, LLP;
Legal Alert/Article
April 15, 2014, previously published on April 7, 2014
All 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...

 

HTMLAvoiding Privilege Pitfalls: Barko Calls for Caution
Matthew P. Diehr, Matthew T. Schelp; Husch Blackwell LLP;
Legal Alert/Article
April 3, 2014, previously published on April 2, 2014
Corporations 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.

 

HTMLDisputes 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;
Legal Alert/Article
March 24, 2014
Disputes Regarding the Statute of Limitation of the Right of Claim under Article 72, Paragraph 1 of the Labor Insurance Act

 

HTMLThe 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;
Legal Alert/Article
March 12, 2014, previously published on February 28, 2014
A 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...

 

HTMLAre 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;
Legal Alert/Article
March 10, 2014, previously published on March 6, 2014
The 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...

 

HTMLA New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
Legal Alert/Article
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014
IT 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.

 

Adobe PDFExploring the Severe or Pervasive Requirement in Harassment Claims
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
Legal Alert/Article
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012
While 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.

 

HTMLHow To Confront A Performance Problem Without Being A “Quiet Herd Cutter”
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2014, previously published on February 21, 2014
In 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...

 


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