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Most popular articles on Lexology

  1. Tips to avoid a HR nightmare: the top 4 mistakes employers make – Part I *

    Greenberg Traurig LLP
    Claims from disgruntled workers are on the rise. In 2012, for example, the EEOC reported that nearly 100,000 total charges had been filed nationwide…

  2. Employers: assume your employees are taping you… there’s an app for that! *

    Seyfarth Shaw LLP
    Here's the scenario: Bill, an African-American employee at a bank, goes into a performance review knowing that it could be very bad. He's already…

  3. 3D printing: a design revolution; an IP nightmare? *

    Gilbert + Tobin
    3D printing, otherwise known as "Additive Manufacturing", is set to transform the landscape in which businesses in the manufacturing and design based…

  4. C Corps v. S Corps *

    Davis Wright Tremaine LLP
    Suppose you've decided that you want to form your new business as a corporation (not an LLC), and you are trying to figure out if it should be an S…

  5. New guidance on social cost of carbon *

    Jenner & Block
    The Interagency Working Group on Social Cost of Carbon - a multiple federal agency initiative - has issued new guidance on the social cost of carbon…

  6. Tips to avoid a HR nightmare: the top 4 mistakes employers make – Part II *

    Greenberg Traurig LLP
    More than ever, employers are facing serious claims from disgruntled workers. This two-part series discusses the top four tips for employers to avoid…

  7. Seven second Ed Sullivan clip found to be fair use *

    Stewart McKelvey
    A recent decision of the United States Court of Appeals (9th Circuit) provides a refreshing update on fair use involving use of a short excerpt of…

  8. Ohio court rules board meeting sign-in process is legal *

    Franczek Radelet PC
    In Paridon v. Trumbull County Children's Services Board, the Ohio Court of Appeals upheld the Trumbull County Children's Services Board (Board)…

  9. Supreme Court sides with Monsanto on issue of patent protection for genetically modified seeds: ruling is a major victory for the biotechnology industry *

    Vedder Price PC
    In a ruling that has implications for a number of industries, including agriculture and biotechnology, the Supreme Court ruled unanimously on May 13…

  10. Unintentional violation of no-alcohol rule still warrants firing, arbitration panel finds *

    Jackson Lewis LLP
    Possession of alcohol on plant premises in violation of a published plant rule justified an employee's discharge, a contract arbitration board has…

  11. The bring your own device (BYOD) movement *

    Jackson Lewis LLP
    For a variety of reasons, including significant cost savings and employee relations, businesses have been considering or have already transitioned to…

  12. Incorporating an LLC *

    Davis Wright Tremaine LLP
    It is not uncommon for founders to start their companies as LLCs and then want to or need to incorporate or convert to a corporation later…

  13. World's five largest intellectual property offices meet in Silicon Valley *

    Watermark Patent & Trade Marks Attorneys
    The United States Patent and Trademark Office (USPTO) hosted a meeting last week of the heads of the world's five largest intellectual property…

  14. Getting into bed together - it's a sin! *

    Boodle Hatfield
    It is said that Warren Buffett and Charlie Munger have been in partnership since the Sixties without need of a single document to record their…

  15. DOT hours of service compliance dates are around the corner *

    Seyfarth Shaw LLP
    July 1, 2013 is the compliance date for two new provisions of the Department of Transportation's (DOT) new Hours of Service (HOS) regulations. What…

  16. The arbitration from hell *

    Masuda Funai Eifert & Mitchell Ltd
    Supporters of arbitration as a form of dispute resolution point to its many advantages. These include quicker resolution, finality and use of an…

  17. A sample of M&A negotiations: the indemnification clause *

    Fredrikson & Byron PA
    Many industry experts anticipate an increase in mergers and acquisitions over the next couple of years, and M&A activity has become a common…

  18. Presto! The UK Supreme Court holds the corporate veil can disappear in Prest v. Petrodel Resources *

    McCarthy Tétrault LLP
    The UK Supreme Court has released an important new judgment addressing the ability of judges to "pierce the corporate veil": Prest v Petrodel…

  19. UK Supreme Court confirms corporate veil can be pierced in some circumstances *

    Herbert Smith Freehills LLP
    The Supreme Court has confirmed that a court can in very limited circumstances pierce the corporate veil. According to Lord Sumption, the principle…

  20. Dilapidations claims and the impecunious landlord *

    Reed Smith LLP
    Some positive news for landlords this week: The court has confirmed that, even where an outdated property stands little or no chance of being re-let…

  21. EEOC files lawsuits against employers regarding their criminal history background screening policies *

    Arnall Golden Gregory LLP
    The EEOC has filed two lawsuits against employers regarding their use of criminal history records for employment screening purposes. In the first…

  22. BYOD - do your employees know what they are getting into? *

    Schoenherr
    Employees increasingly want to use their own smartphones or tablets for work pur-poses, which also involves integrating these devices into a firm's…

  23. A trap for the unwary – the Ontario Court of Appeal addresses the limitation period for contractual indemnification claims *

    McCarthy Tétrault LLP
    Imagine the following scenario. Party A contractually agrees to indemnify Party B against claims by third parties. Both Party A and Party B are then…

  24. Best Buy's broad new noncompete *

    Zuckerman Spaeder LLP
    As you probably know by now, we here at Suits by Suits have been tracking the rapid developments in state law governing the interpretation and…

  25. Financial services report, summer 2013 *

    Morrison & Foerster LLP
    In Kilgore v. Keybank, N.A., the Ninth Circuit was poised to decide whether the Supreme Court’s Concepcion decision vitiates California’s “public”…

  1. New guidance on social cost of carbon *

    Jenner & Block
    The Interagency Working Group on Social Cost of Carbon - a multiple federal agency initiative - has issued new guidance on the social cost of carbon…

  2. Tips to avoid a HR nightmare: the top 4 mistakes employers make – Part II *

    Greenberg Traurig LLP
    More than ever, employers are facing serious claims from disgruntled workers. This two-part series discusses the top four tips for employers to avoid…

  3. The bring your own device (BYOD) movement *

    Jackson Lewis LLP
    For a variety of reasons, including significant cost savings and employee relations, businesses have been considering or have already transitioned to…

  4. Employers: assume your employees are taping you… there’s an app for that! *

    Seyfarth Shaw LLP
    Here's the scenario: Bill, an African-American employee at a bank, goes into a performance review knowing that it could be very bad. He's already…

  5. Presto! The UK Supreme Court holds the corporate veil can disappear in Prest v. Petrodel Resources *

    McCarthy Tétrault LLP
    The UK Supreme Court has released an important new judgment addressing the ability of judges to "pierce the corporate veil": Prest v Petrodel…

  6. SCOTUS grants cert. on Lanham Act standing for false advertising claims *

    Shook Hardy & Bacon LLP
    The U.S. Supreme Court has decided to review whether an entity may bring a claim for false advertising under the Lanham Act against a defendant that…

  7. How to prevent workplace bullying: an interview with Dennis A. Davis, Ph.D. *

    Ogletree Deakins
    Workplace bullying has become a hot topic. Employers are paying increased attention to the issue since many states are considering legislation that…

  8. Effective compliance and ethics programs for small to medium size companies: critical questions and key issues to consider *

    Greenbaum, Rowe, Smith & Davis LLP
    Faced with a significant increase in penalties assessed by regulatory agencies around the world and the potential for imprisonment of top-ranking…

  9. Employers beware: In May 2013, the EEOC files its first two lawsuits including GINA claims *

    Fennemore Craig
    Congress passed the Genetic Information Nondiscrimination Act in 2008, commonly known as "GINA," to prevent employers from discriminating against an…

  10. Asset purchaser is subject to successor liability for FLSA judgment, despite specific disclaimer of liability *

    Reed Smith LLP
    The purchaser of a going concern (a company in default of its loan and in receivership) specifically disclaimed liability for the $500,000 settlement…

  11. Second Life avatars class action settles *

    Gardere Wynne Sewell LLP
    A federal judge certified a class at least 57,000 Second Life property owners who lost their virtual property, which led to a settlement of 43…

  12. My flat is damp. My house is mouldy. My landlord won’t fix anything… *

    Anthony Gold Solicitors
    Damp and mould is a horrible housing problem. It looks horrible, it is smelly, and it damages clothes and belongings. Black mould can also cause all…

  13. Obama moves to curb patent trolls - but beware of unintended consequences *

    DLA Piper
    President Barack Obama has announced a new executive and legislative initiative aimed at curbing patent infringement suits by "patent trolls," who…

  14. Denying request to change worksite supports ADA constructive discharge claim *

    Jackson Lewis LLP
    A plaintiff's claim that she was constructively discharged because her employer refused to transfer her to an office closer to the place where she…

  15. The best things in life are free – just pay separate shipping & handling *

    Venable LLP
    They say the best things in life are free, but are they free if you have to pay separate shipping and handling (S&H) to get them? We are all familiar…

  16. Getting into bed together - it's a sin! *

    Boodle Hatfield
    It is said that Warren Buffett and Charlie Munger have been in partnership since the Sixties without need of a single document to record their…

  17. Corporate governance and piercing the corporate veil – Supreme Court rules to extend exceptions *

    Mayer Brown LLP
    The Supreme Court's decision in the case of Petrodel v Prest, handed down today, marks a crucial shift in the extent to which the courts…

  18. Important decision on random alcohol tests in the workplace *

    Borden Ladner Gervais LLP
    The Labour & Employment department at BLG understands that the Supreme Court of Canada will tomorrow be releasing its long-awaited (by us anyway!)…

  19. Think there is not a reason to stay focused on being union-free? Think again *

    Barnes & Thornburg LLP
    As all of us competing in the marketplace know, the last five to six years have been about preservation and survival. And while there are signs of…

  20. First Majestic Silver Corp. v. Davila: a significant price to pay for a breach of fiduciary duty *

    Gowling Lafleur Henderson LLP
    Directors, officers and their advisors should take note of the recent decision in First Majestic Silver Corp. v. Davila, 2013 BCSC 717, as it is a…

  21. UK Supreme Court confirms corporate veil can be pierced in some circumstances *

    Herbert Smith Freehills LLP
    The Supreme Court has confirmed that a court can in very limited circumstances pierce the corporate veil. According to Lord Sumption, the principle…

  22. Louboutin sees red again: protecting color as a trademark *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and…

  23. Contentious commentary - June 2013 [External] *

    Clifford Chance LLP
    Material adverse change clauses in Finance agreements are ubiquitous. They generally have two forms: first, a Representation made by the borrower At…

  24. FTC issues revised business guide on ‘red flags’ identity theft rule *

    Foley Hoag LLP
    The Federal Trade Commission has issued revised guidance designed to help businesses comply with the requirements of the Red Flags Rule, which…

  25. NLRB's division of advice finds employee's Facebook comments unprotected *

    Jackson Lewis LLP
    The NLRB's Division of Advice found in Tasker Healthcare Grp. d/b/a Skinsmart Dermatology (4-CA-94222, 5/8/2013) that an employer did not violate the…

  1. Tips to avoid a HR nightmare: the top 4 mistakes employers make – Part I *

    Greenberg Traurig LLP
    Claims from disgruntled workers are on the rise. In 2012, for example, the EEOC reported that nearly 100,000 total charges had been filed nationwide…

  2. Employers: assume your employees are taping you… there’s an app for that! *

    Seyfarth Shaw LLP
    Here's the scenario: Bill, an African-American employee at a bank, goes into a performance review knowing that it could be very bad. He's already…

  3. Register of Copyrights Maria Pallente calls for comprehensive copyright reform to adapt to the digital world - what is being proposed? *

    Wilkinson Barker Knauer LLP
    The Register of Copyrights, Maria Pallente, has made a series of speeches about the need to modernize Copyright, including offering testimony before…

  4. Seven second Ed Sullivan clip found to be fair use *

    Stewart McKelvey
    A recent decision of the United States Court of Appeals (9th Circuit) provides a refreshing update on fair use involving use of a short excerpt of…

  5. Failure to pay annual bonus may be constructive dismissal *

    Miller Thomson LLP
    In Piron v. Dominion Masonry Ltd., 2013 BCCA 184 (CanLii), the British Columbia Court of Appeal held that an employer's failure to pay a large annual…

  6. C Corps v. S Corps *

    Davis Wright Tremaine LLP
    Suppose you've decided that you want to form your new business as a corporation (not an LLC), and you are trying to figure out if it should be an S…

  7. The bring your own device (BYOD) movement *

    Jackson Lewis LLP
    For a variety of reasons, including significant cost savings and employee relations, businesses have been considering or have already transitioned to…

  8. Tips to avoid a HR nightmare: the top 4 mistakes employers make – Part II *

    Greenberg Traurig LLP
    More than ever, employers are facing serious claims from disgruntled workers. This two-part series discusses the top four tips for employers to avoid…

  9. Second Life avatars class action settles *

    Gardere Wynne Sewell LLP
    A federal judge certified a class at least 57,000 Second Life property owners who lost their virtual property, which led to a settlement of 43…

  10. Can we tweet this? *

    Fish & Richardson PC
    In today's era of advertising through social media, it is tempting to assume that, because a tweet or post is so fleeting, it is not necessary to…

  11. Followers, friends and connections – the ownership of social media contacts *

    Mason Hayes & Curran
    Hays Specialist Recruitment (Holdings) Limited v Ions [2008] is the key UK decision dealing with the ownership of LinkedIn contacts in the employment…

  12. Tips to prepare your company for an ICE I-9 audit *

    Fisher & Phillips LLP
    The U.S. Department of Homeland Security's Immigration Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection to businesses…

  13. NLRB's division of advice finds employee's Facebook comments unprotected *

    Jackson Lewis LLP
    The NLRB's Division of Advice found in Tasker Healthcare Grp. d/b/a Skinsmart Dermatology (4-CA-94222, 5/8/2013) that an employer did not violate the…

  14. New Jersey law prohibiting employers from asking about social media accounts vetoed *

    Winston & Strawn LLP
    New Jersey Governor Chris Christie recently conditionally vetoed a bill that would have barred employers from asking current or prospective employees…

  15. Temporary and contract workers: who is a “variable hour” employee under the Affordable Care Act? *

    Mintz Levin Cohn Ferris Glovsky and Popeo PC
    The Affordable Care Act's employer shared responsibility rules will require large employers (50 or more full-time and full-time equivalent employees)…

  16. Court allows employer discovery into whether EEOC actually investigated before filing discrimination suit *

    Mayer Brown LLP
    A quick tip to employers facing class actions brought by the Equal Employment Opportunity Commission (EEOC)—don't forget about the EEOC's…

  17. Preemption argument rejected in failure to update warnings case *

    Jenner & Block
    In Fulgenzi v. PLIVA, Inc.,711 F.3d 578 (6th Cir. 2013) (No. 12-3504), the Sixth Circuit addressed the question whether federal law preempts a…

  18. Things that should keep the telehealth community awake at night (Part 1) *

    Epstein Becker Green
    We all know that telehealth is going mainstream. The numbers speak for themselves. A leading research firm predicts that 2.8 million patients…

  19. World's five largest intellectual property offices meet in Silicon Valley *

    Watermark Patent & Trade Marks Attorneys
    The United States Patent and Trademark Office (USPTO) hosted a meeting last week of the heads of the world's five largest intellectual property…

  20. Life sentence for counterfeiter in China *

    Marks & Clerk LLP
    In August of last year, Xiao Zhenqiang (肖振强), a Chinese maker of fake French luxury Hermès handbags, was sentenced to life in prison for the…

  21. Fashion designer Norma Kamali hit with unpaid internship lawsuit: the trend continues *

    Epstein Becker Green
    As the summer internship season gets underway, unpaid interns are continuing to file a spate of lawsuits claiming violations of the federal Fair…

  22. Seventh Circuit holds contractor bodily injury exclusion inapplicable *

    Traub Lieberman Straus & Shrewsberry LLP
    In its recent decision in Atlantic Casualty Ins. Co. v. Paszko Masonry, Inc., 2013 U.S. App. LEXIS 11561 (7th Cir. June 7, 2013), the United States…

  23. Total information awareness, redux *

    Steptoe & Johnson LLP
    There have been many critics of the Obama Administration's aggressive pursuit of leakers. But today's news offers a new line of attack on the…

  24. "Black Swan" is ugly duckling for employers: unpaid interns in the spotlight after summary judgment in film production case *

    Seyfarth Shaw LLP
    Advocates for interns seeking wage payments under federal and NY law received some welcome news this week with the decision in Glatt v. Fox…

  25. BC Court of Appeal upholds retirees’ rights to lifetime benefits *

    Harris & Company
    The British Columbia Court of Appeal has affirmed a decision of the Supreme Court which found an employer to be in breach of contract after it…

Last updated Wed, 19 Jun 2013 10:31:03 GMT

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