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Appellate mediation catches on

Robert Rack’s caseload at the 6th Circuit includes appeals of bankruptcy proceedings, employment discrimination claims, business contract disputes, personal injury cases, investment fraud claims and excessive force cases. And if Rack is successful, there won’t be a single brief filed ...

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Emotional distress damages aren’t taxable

The federal government can’t tax the money a plaintiff received as compensation for emotional distress and other intangible injuries, the D.C. Circuit recently ruled, holding that §104(a)(2) of the Internal Revenue Code is unconstitutional as applied. The decision has reignited ...

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Hasbro GC molds stable, high-quality legal department

Barry Nagler has a successfully molded a top-notch legal team at Hasbro, Inc. with little turnover. His 21-attorney staff has an average tenure of eight years and no one has left over the last three years. What’s his secret? “A ...

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Privilege erosion in the audit context

Recent progress in the ongoing battle to protect the attorney-client privilege is certainly noteworthy, but it’s primarily focused on protecting privilege rights from attacks made by outsiders: prosecutors, enforcement officials, and plaintiffs’ class action lawyers, to name a few. The ...

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New disclosure rules require prompt action

Deep Throat famously told Bob Woodward and Carl Bernstein to “follow the money.” Twenty thousand people agree, at least when it comes to compensating high-level executives. That is the (record) number of comments received by the Securities and Exchange Commission ...

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Tips on managing a corporate crisis

Today, general counsel need to orchestrate a much broader set of resources in managing investigations into allegations of corporate misdeeds. If not, a small problem can rapidly turn into a corporate crisis.

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Avoiding overtime exposure: Improper deductions and the salary basis rule

Employers often spend much time, money and effort to structure positions and compensation packages so employees will be exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. But despite employers’ best efforts, some policies could unwittingly jeopardize employees’ exempt ...

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Curbing FMLA intermittent leave abuse

The Family and Medical Leave Act remains among the more difficult laws for companies to administer. Even with flawless and aggressive application of your company’s policy and procedures, some employees will still disrupt the workplace with sporadic and unpredictable absences. ...

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Overhaul of Massachusetts trademark laws a boon for new businesses

Massachusetts lawmakers overhauled the state’s trademark laws by adopting for the most part the Model State Trademark Bill (MSTB). The changes promise to not only streamline the state trademark registration process and make it more consistent with federal and other state registration processes, but they will also reduce the number of registered marks that are no longer used in commerce.

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