Do a CEO’s Marital Woes Belong in the Boardroom?

by Dan Brecher on August 22, 2014

Do a CEO’s Marital Woes Belong in the Boardroom?

In today’s fast-paced digital news environment, very little is off limits, and stories can spread like wildfire. The Donald Sterling saga is just one recent example. While interest in the actions of a company’s chief executive officer (CEO) was once confined to the boardroom, their personal lives are increasingly under scrutiny. From alleged illicit relationships […]

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Do a CEO’s Marital Woes Belong in the Boardroom?Dan BrecherAugust 22, 2014



Executive Order Puts Mandatory Arbitration Provisions Back in the Spotlight

President Barak Obama recently issued an executive order that restricts the use of mandatory arbitration provisions by federal contractors. The move is likely to reignite the debate over the continued use of such provisions in a number of other arenas.  Under the Fair Pay and Safe Workplaces Executive Order, companies with federal contracts exceeding $1 […]

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Executive Order Puts Mandatory Arbitration Provisions Back in the SpotlightCharles FriedrichAugust 21, 2014



Mums the Word: The Power of Silence in Contract Negotiation

When negotiating a key business contract, sometimes what you don’t say can be just as powerful as what you do. In fact, silence is one of the simplest yet most frequently overlooked contract negotiation strategies. In today’s fast-paced world, we are not accustomed to silence. Too much quietness makes us uncomfortable, particularly when in the […]

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Mums the Word: The Power of Silence in Contract NegotiationDan BrecherAugust 20, 2014



NLRB Policy Shift Could Lead to Liability for Franchisors

by Anthony Caruso on August 19, 2014

NLRB Policy Shift Could Lead to Liability for Franchisors

The National Labor Relations Board (NLRB) Office of the General Counsel recently adopted a new policy that could lead to increased liability for franchisors. It found that McDonald’s, USA, LLC could be held responsible for unfair labor practices committed by its franchisees as a “joint employer.” The complaints against McDonald’s allege that franchisees violated the […]

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NLRB Policy Shift Could Lead to Liability for FranchisorsAnthony CarusoAugust 19, 2014



Does Your Business Insurance Cover Cyberattacks?

by Charles A. Yuen on August 18, 2014

Does Your Business Insurance Cover Cyberattacks?

For many U.S. businesses, data breaches are inevitable. So while prevention is still important, it also pays to be prepared for the aftermath. For those companies hoping to rely on commercial general liability (CGL) policies, it’s likely time to think again. While older policies were unclear regarding whether coverage existed for cyberattacks and data breaches, […]

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Does Your Business Insurance Cover Cyberattacks?Charles A. YuenAugust 18, 2014



Second Circuit Rules Ground Zero Cross Does Not Violate Constitution

A steel cross that was uncovered in the rubble at Ground Zero will remain on display at the National September 11 Museum. The Court of Appeals for the Second Circuit recently affirmed the dismissal of a lawsuit that alleged that exhibiting the artifact violated the Establishment Clause of the U.S. Constitution. American Atheists, Inc. v. […]

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Second Circuit Rules Ground Zero Cross Does Not Violate ConstitutionRobert LevyAugust 14, 2014



EEOC Issues Updated Pregnancy Discrimination Guidance

by Gary S. Young on August 13, 2014

EEOC Issues Updated Pregnancy Discrimination Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance regarding pregnancy discrimination, marking the agency’s first official update since 1983. The guidance addresses compliance under both the Pregnancy Discrimination Act of 1978 (PDA) and the Americans With Disabilities Act (ADA), both of which apply to employers with 15 or more employees. New […]

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EEOC Issues Updated Pregnancy Discrimination GuidanceGary S. YoungAugust 13, 2014



Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan Approval

Under a recent decision by the Supreme Court of New Jersey, businesses can pursue contribution claims under the Spill Compensation and Control Act (Spill Act) prior to the conclusion of the New Jersey Department of Environmental Protection’s (NJDEP) enforcement efforts. In Magic Petroleum v. ExxonMobil, the specific question before the court was whether the doctrine […]

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Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan ApprovalKenneth J. HollenbeckAugust 12, 2014



Finders Keepers: Could Your Financial Account Escheat to the State?

If you don’t regularly monitor your finances, you could lose out. Allowing accounts to lay fallow for too long may result in your assets escheating to the state. The term “escheat” refers to the title transfer of financial assets (such as savings account deposits, uncashed checks, and securities in retirement accounts) to a state authority […]

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Finders Keepers: Could Your Financial Account Escheat to the State?Bob MarsicoAugust 11, 2014



Microsoft Lawsuit Tests Reach of Federal Government to Access Data Stored Overseas

Microsoft Corporation is currently fighting a search warrant to produce customer e-mails that are stored on a server located in Dublin, Ireland. The New York data privacy case could dramatically impact U.S. businesses as well the ability of U.S. law enforcement to obtain digital information stored overseas. The Facts of the Case On December 4, […]

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Microsoft Lawsuit Tests Reach of Federal Government to Access Data Stored OverseasRobert LevyAugust 8, 2014