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‘Malingering’ test facing court challenges

A controversial test that is supposed to detect “malingering” is gaining popularity among defense experts in personal injury, workers’ compensation and other cases. The “Fake Bad Scale” is being offered by medical experts as evidence that plaintiffs are fabricating or ...

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Flex-time gaining traction in legal profession

Patricia Mundy, 35, an associate in Sullivan & Worcester’s Boston office, works a reduced schedule that includes one day a week at home, and Fridays off. “It’s about as good as it gets,” said Mundy, who works in the firm’s ...

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Commute time not compensable under FLSA

Requiring employees to carry work documents with them while commuting does not mean they have to be compensated for that time under the Fair Labor Standards Act, the 2nd Circuit recently ruled. A group of New York City fire alarm ...

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Debate intensifies over binding arbitration bill

Advocates and opponents of a bill seeking to ban mandatory binding arbitration clauses in most contracts – bolstered by recent studies they say prove their positions – are amplifying their calls on Congress to act in favor or against the ...

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New non-profit tax forms give IRS more info

The Internal Revenue Service in April released new draft instructions for its recently-revamped Form 990 for non-profit organizations – and its looking for a lot more information about the inner workings of non-profits. While the original form contained nine pages ...

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New patent rules in serious jeopardy

A federal trial judge in Virginia recently stymied the U.S. Patent and Trademark Office from revamping the way it administers the U.S. patent system.

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Assess early the ‘background noises’ that can bias a jury pool

Conducting juror perception research near the beginning of the litigation lifecycle can help corporate defendants develop an appropriate strategy that addresses and perhaps eliminates obstacles created by jurors’ perceptions that may stand in the way of a favorable outcome at trial.

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Often overlooked questions to ask when retaining outside litigation counsel

Even though companies are increasingly facing high-stakes commercial or securities-related litigation arising out of the subprime crisis or the down economy, in-house counsel are showing a tendency to omit or refrain from asking important questions, or setting key parameters, in ...

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E-discovery and the litigation hold

Electronic discovery has become a major component in the litigator’s tool bag. Subject to new court rules and intense court scrutiny, e-discovery is fraught with issues, problems and risks and is quite time-consuming and expensive. As reported in New England ...

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Avoiding common pitfalls of intellectual property ownership

Does a company automatically own a patent to an invention invented by an employee who uses company resources and on company time? Or, if a company hires an independent consultant to create a design, does a company automatically own a ...

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