New England Biz Law Update

With new Securities and Exchange Commission enforcement proceedings and shareholder suits over stock option backdating cropping up more and more, attorneys should be urging public companies to complete internal investigations of their options practices. The SEC is investigating more than ...

Another day, another story of stolen laptops filled with personal information. The spate of thefts began in May 2005 with the laptop of a Justice Department employee which contained the information of 80,000 fellow department employees. This was followed in ...

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 ...

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 ...

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 ...

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 ...

The good side of working with outside counsel

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 ...

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.

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 ...