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September 27, 2013 | New York Law Journal

Obituary: John Buckley

Former Appellate Division, First Department, Presiding Justice John Buckley, a three-term upstate assemblyman who was tapped by Governor George Pataki to lead the downstate appeals court, died Tuesday. He was 77.
2 minute read
September 26, 2013 | Corporate Counsel

Newly confirmed labor board faces challenges as it seeks to extend union rights

The summer started with the Supreme Court granting cert to an administration request for review of Noel Canning, the first of several appeals court decisions that effectively put the NLRB out of business by declaring the Presidents recess appointments of board members invalid. The high courts action put on hold,...
21 minute read
September 26, 2013 | Corporate Counsel

New testing regime required under Dodd-Frank

One year after annual stress testing requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act became effective for banks with more than $50 billion in assets, the next phase of testing looms. And this time, it will apply to a large new subset of financial institutions. Starting...
14 minute read
September 26, 2013 | Corporate Counsel

Mistakes and realities of implementing and executing effective compliance programs

A Morgan Stanley managing director ended up in prison for committing substantial Foreign Corrupt Practices Act (FCPA) violations, but the strength of the companys compliance program helped it avoid enforcement actions from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
13 minute read
September 26, 2013 | Corporate Counsel

Illegal immigrants can sue for wages for work actually performed

The Fair Labor Standards Act (FLSA) protects all workers in the U.S., even if theyre working illegally. Thats the hard lesson some cafe owners had to learn when the 8th Circuit ruled July 29 in Lucas et al. v. Jerusalem Cafe that undocumented workers were allowed to sue for back...
5 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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September 26, 2013 | Corporate Counsel

Supreme Court considers whether parens patriae can be removed to federal court

In Mississippi ex rel Hood v. AU Optronics, Mississippi Attorney General Jim Hood has sued more than 10 large electronics makers, including divisions of Toshiba Corp., Samsung Group, Hitachi Global and Sharp Corp., accusing them of conspiring to artificially inflate the price of liquid-crystal display (LCD) screens. Hood brought the...
16 minute read
September 26, 2013 | Corporate Counsel

Even as the economy recovers, law departments are still under pressure to do more with less

As the U.S. economy gradually emerges from recession, the legal job market has been slowly but steadily improving. According to the latest data from the U.S. Bureau of Labor Statistics, the legal services sector added a modest 6,300 jobs in the past year, consistent with the gradual recovery in other...
9 minute read
September 26, 2013 | Corporate Counsel

The growing influence of patent assertion entities

Some companies call them patent trolls others call them far worse. Academics and government officials prefer a more neutral term, such as patent assertion entities (PAEs).
13 minute read
September 26, 2013 | Corporate Counsel

Magistrate judge limits scope of the duty to preserve in denying spoliation sanctions

The plaintiffs sought adverse inference sanctions against defendant Cisco for reformatting and destroying data on the computer of former employee Terry McKeon. The July 15 opinion in the Federal District Court for the Northern District of California outlines the current state of law on the duty to preserve data and...
11 minute read
September 26, 2013 | Corporate Counsel

A new outlook on Fifth Amendment rights

On Dec. 18, 1992, two Houston brothers were shot and killed. In the weeks following the killings, police brought Genovevo Salinas in for questioning. They charged him with murder in February 1993, but by then he had fled the country; it wasnt until 2007 that police found Salinas living in...
6 minute read

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