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News & Analysis as of

Hirschfeld Kraemer files amicus brief in suit challenging Department of Labor’s new “Persuader Rule”

The Department of Labor recently issued a final “persuader rule” under the Labor-Management Reporting and Disclosure Act (“LMRDA”). The new rule expands the reporting and disclosure requirements of firms involved in...more

UPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees

After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration...more

The New “Persuader Rule” and Its Impact on Manufacturers

The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the...more

Epic Verdict in Trade Secrets Case

Last week, a federal jury in Wisconsin awarded almost $1 billion to Epic Systems Corporation in its trade secrets case against Indian consulting company Tata Consulting Services, Ltd., and its American unit, Tata America...more

Department of Labor’s Long-Debated “Persuader” Regulations Expand the Scope of the Consulting Relationships that Must be Reported...

The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) recently issued its long-debated “persuader” regulations which, as of July 1, 2016, will require employers and their labor relations consultants,...more

DOL Suspends Filing of Certain Parts of Required Form LM-21 Reports

On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more

New DOL “Persuader” Rule Stimulates Exaggerated Persuader Activities by Proponents and Opposition

We will try to keep this straightforward and polemic free. We will try. The last time there were any significant changes to the National Labor Relations Act was in 1959, when Congress passed the Landrum-Griffin bill...more

DOL Issues Final "Persuader" Rules Governing Disclosure of Consultants in Antiunion Efforts

On March 23, 2016, the federal Department of Labor issued final regulations requiring for the first time that employers disclose the identity of any third-party consultants retained to help the company respond to union...more

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

Employers Face New Reporting Requirements after DOL Issues Final Persuader Rule

On March 23, 2016, the Department of Labor (“DOL”) finalized its long anticipated “persuader” rule, which requires that employers and legal consultants report pay arrangements regarding any attempts to persuade employees,...more

DOL Publishes Final Rule Requiring Employers to Disclose Persuader Agreements

For many years, employers have been able to lawfully avoid certain reporting requirements under the Labor Management and Reporting Disclosure Act which compels the disclosure of agreements with outside...more

Department of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA

On March 24, 2016, the U.S. Department of Labor (DOL) will publish new regulations expanding the obligations of employers and lawyers to report certain information to the DOL under the Labor Management Reporting and...more

The Blueprint for CRM Success

CRM success starts with a plan. Once you have invested the time to articulate the initial ideas for your new CRM home and have shared your thoughts with your CRM architect and key stakeholders in the organization, it’s...more

The CRM Architect

Because building a home - and configuring a new CRM system - are complex projects, for both, it typically makes sense to bring in an expert to help plan the project. Just as it makes sense to hire a skilled architect to...more

Patent Issues Arising from Consulting Agreements (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016))

In a recent dispute between two medical device companies, a consultant’s alleged contributions to Angioscore patents became a central issue (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016)). The dispute...more

Put Down That Hammer: Four Times When a DIY Approach Is Guaranteed To Backfire

As a founder, you need to be scrappy, take care of that bottom-line. We get that, we’re all for a DIY approach when it makes sense (psst we even help you do that through our very free document generator). ...more

Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack Of Privity

City of Whiting, Indiana v. Whitney, Bailey, Cox, & Magnani, LLC, 2015 U.S. Dist. LEXIS 150229 (N.D. Ind. Nov. 5, 2015) - The City of Whiting, Indiana (the “City”) contracted with American Structurepoint, Inc....more

Timing is Everything

In Trieme Medical, LLC v. Angioscore, Inc., [2015-1504] (February 5, 2015) the Federal Circuit reversed the dismissal of Trieme’s complaint to have its assignor, Dr. Lotan, named as an inventor of Angioscore’s...more

Mock Jury Trials and the Role of Jury Consultants in Complex Cases

As court cases move toward trial, many litigators start thinking about conducting a mock trial or jury research of some sort or another. Deciding when, where and, most importantly, how to do the research is not as simple as...more

Court Of Chancery Applies Entire Fairness To Controller Contract

This is an important and useful decision for at least two reasons. First, the Court carefully analyzes past Delaware precedent to conclude that the entire fairness test applies not just to squeeze-out mergers, but also to...more

Court Analyzes Possible Privilege Protection for Communications with Public Relations Consultants

Corporations and their lawyers frequently work with public relations consultants when facing ongoing or anticipated litigation. In the work product context, courts agree that disclosing preexisting work product to such...more

Financial Consulting Firm Agrees to Pay $15 Million to Resolve NYDFS Investigation

On August 18, a Washington D.C.-based financial consulting firm agreed to pay $15 million to resolve allegations that the firm failed to meet the current requirements of the NY Department of Financial Services (NYDFS) for...more

Do Contract Workers Qualify for Workers’ Comp Claims?

American workers increasingly labor away in an independent contractor environment. Much controversy surrounds this, largely due to often-diminished compensation and the union-busting nature of how it is implemented. In San...more

Construction and Engineering Toolkit: Novation - August 2015

In This Issue: Novation in construction and engineering projects Novation is the cornerstone of design and build procurement. It is the novation of the design consultants' appointments to the main building...more

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