While reliance on outside counsel will continue, only 13 percent of companies recently surveyed indicated that increasing the use of outside counsel was of high importance in addressing increases in legal demand. The trend, more notably since the economic crisis of the late 2000s, has been on rigorous management of outside counsel costs — 95 percent of survey participants said they are taking measures to reduce outside counsel spending, says Lauren Chung of HBR Consulting LLC.
The Affordable Care Act has withstood myriad legislative attacks and judicial challenges, and numerous other challenges still are winding their way through the federal courts. Much of the current debate revolves around four issues, which practitioners should be aware of before the Jan. 1, 2014, implementation date for the act's most important provisions, say attorneys with O'Melveny & Myers LLP.
The False Claims Act is both less effective than it could be at reducing fraud and too often a spur for frivolous litigation and coercive out-of-court settlements. We propose a package of reforms designed to improve the FCA’s effectiveness as an anti-fraud tool by encouraging companies to adopt rigorous compliance programs designed to prevent fraud before it happens, say David Ogden and Jonathan Cedarbaum of WilmerHale.
Many hospitality industry companies attempt to mitigate employee theft loss by purchasing commercial crime or fidelity policies. However, these insurance policies have numerous traps for the unwary that may result in the forfeiture of the policies’ valuable risk transfer and loss mitigation tools, says David Bender Jr. of Anderson Kill PC.
There can be no doubt that the Supreme Court of Virginia's recent decision in Assurance Data Inc. v. Malyevac will invigorate employers to enforce noncompete agreements and make them more reluctant to hire employees who are subject to such provisions, says Lawrence Postol of Seyfarth Shaw LLP.
Just weeks after a California appeals court held that an employer could be liable for an employee’s auto accident occurring while she was running personal errands on her way home after work, another state appeals court has revisited respondeat superior in the context of a post-work auto accident. While the two cases are distinguishable, frustration for clients and insurers is all but assured, say Gregory Smith and Cristina Guido of Haight Brown & Bonesteel LLP.
A district court recently held that a plaintiff's deletion of his Facebook account in a personal injury action warranted an adverse inference against the plaintiff based on his failure to preserve the account. This ruling has significant ramifications for employers because, in essence, it confirms that social media access is discoverable in actions where plaintiffs allege injuries related to their physical and/or social activities, says Frank Custode of Porzio Bromberg & Newman PC.
To guard against the workplace shootings that are all too common, employers would benefit from expanded access to records of violent, destructive and weapons-related offenses, even as their consideration of minor offenses as a bar to employment continues to be curtailed, says Richard Reice of Hoguet Newman Regal and Kenney LLP.
New Jersey became the 14th state to recognize same-sex marriage, and employers should be prepared for a significant number of employees to get married during the next several months. From a benefits perspective, this decision, however, will not have any impact on same-sex couples married in other states but living in New Jersey, say attorneys with Seyfarth Shaw LLP.
In California, a party alleging trade secret misappropriation will usually confront two issues: causes of action that can be asserted under the California Uniform Trade Secrets Act and specificity of the alleged trade secret-related claims. While the standards for properly identifying trade secrets vary, there are certain principles that practitioners should understand, say James Hardin and Tyler Woods of Newport Trial Group.