In Practice
Understanding the Dark Side of Shareholder Activism
Shareholder activists are flexing their muscles with a new exuberance this proxy season, running more insurgent slates in proxy contests, stalking larger targets and enjoying a higher rate of success.
Failure to Mirandize Does Not Violate Constitution
Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn't apply. That is not correct.
Changing Insurers: Beware of Risks
Attorneys have many options when it comes to purchasing legal malpractice insurance.
After Boston, Security is Every Company's Business
The attack in Boston will no doubt be examined for a long time to come. Sponsors and organizers of large public events will have to take notice of the results of that analysis and adjust security procedures accordingly.
Design: The New Frontier of Intellectual Property
The ever-increasing functionality of the man-made devices in our lives?from our automobiles to our mobile phones to our clocks?has brought with it increasing complexity.
Guard Against 'Jewel' Impact
No case in recent history has impacted the portability of rainmakers at law firms more than Jewel v. Boxer, 156 Cal. App. 3d 171, 203 Cal. Rptr 13 (Cal. Ct. App. 1994). Since Jewel, law firms and individual attorneys have debated exactly how, and more importantly whether, to mitigate its impact.
Employers embrace Noel Canning on NLRB recess appointments
In Noel Canning v. NLRB, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's three January 2012 recess appointments to the National Labor Relations Board were invalid, resulting in an absence of a quorum for the NLRB to conduct business.
Ruling treats veganism like a religion
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What is a religion? This seemingly simple question has proven difficult to answer?particularly for courts tasked with deciding the merits of claims for religious discrimination brought under Title VII of the Civil Rights Act of 1964. That federal law prohibits employers with 15 or more employees from discriminating on the basis of religion.
What to do when you are sued
According to the American Bar Association, attorneys in private practice have between a 4 percent and 17 percent chance of being sued for malpractice each year. (ABA's Lawyer's Desk Guide to Preventing Legal Malpractice 62 (2d ed. 1999).) Over the course of a career, these risks mount.
Predictions on predictive coding
Actually, it's not all that hard to see that predictive coding is the future - some call it a game changer as courts begin to accept, even require it.
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