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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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Deciding to involve law enforcement when your computer system is hacked can be a tough call

It’s a now-familiar scenario: A corporate computer system is hacked, and sensitive proprietary data may have been stolen or compromised. In the crush of today’s marketplace, and given the ephemeral, quickly transferable nature of data, savvy business leaders know they ...

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Employee background checks on the rise in the information age

The number of employers conducting background checks on job applicants has grown dramatically. Now more than ever employers recognize the dangers and costs associated with bad hiring decisions, and the Internet has made obtaining background information on applicants considerably easier and less expensive.

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ERISA plan corrections: An attractive alternative to hefty penalties

The rules and requirements governing the Employee Retirement Income Security Act of 1974 are as myriad as they are complex and they are constantly changing. The sanctions that can be imposed are truly draconian and most are personal to plan ...

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New e-discovery rules change realities of patent litigation

Nearly six years have passed since the last major amendments to the Federal Rules of Civil Procedure took effect in 2000. In the interim, discovery in large civil cases has undergone a near complete transformation from primarily paper-based to entirely ...

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