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SEC cases vs. companies: lessons from the litigators

The way to think about SEC cases brought against companies and management is simple: The SEC hates liars. This proposition should not be startling. What is interesting is the wide variety of packages in which untruths arise, some sufficiently subtle ...

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Controlling cost of e-discovery more important than ever

Electronically stored information is the mine where golden nuggets of information reside. However, it is incumbent upon counsel to find the veins of ore, rather than spending time breaking rocks. Otherwise, the costs of discovery will prevent parties from access ...

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Navigating the professional pitfalls of social media

Social networking and Web 2.0 have become the “standard” in business to business professional networking. They also have become the norm in the way in which we stay connected to friends and family. LinkedIn has more than 50 million registered ...

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Federal health care reform’s impact on employers

Landmark federal health care reform signed into law last March will have a significant impact on employers and plans. While many important aspects of the law remain undetermined and won’t be implemented for years, the federal government is now beginning to issue regulations to help clarify the Patient Protection and Affordable Care Act.

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DOL expands parental leave rights under FMLA

On June 22, 2010, the U.S. Department of Labor clarified the definition of “son and daughter” under the Family and Medical Leave Act, effectively extending parental leave rights to individuals who provide day-to-day care or financial support to a child, ...

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The corporation as a securities fraud plaintiff

Traditionally, most corporate counsel deal with securities litigation as defendants, frequently in class actions filed by a handful of plaintiffs’ firms alleging fraud concerning stocks, bonds or other instruments traded on the public markets. But in light of the financial ...

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Paper, e-record retention and the ‘litigation hold’

In the words of Kenny Rogers, “The secret to surviving is knowing what to throw away and knowing what to keep.” One thing that an employer should never gamble with is the preservation of documents and information that are relevant ...

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Identity theft rules fall under radar as deadline approaches

Many small businesses have delayed implementing the identity theft “red flags” rules despite the approaching June 1 deadline — not because they do not know about them, but because there have been so many extensions to the deadline that companies have put them on the back burner.

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Franchisees miscast as independent contractors

A cleaning service company that claimed it was merely in the business of selling franchises to third parties misclassified its franchisees as independent contractors in violation of M.G.L.c. 149, §148B, a U.S. District Court judge in Massachusetts has ruled.

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