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Independent Contractor or Employee: The Dangers of Misclassification
The U.S. Department of Labor (DOL) Wage and Hour Division and the National Labor Relations Board (NLRB) are continuously taking initiatives to improve each agency’s law enforcement, specifically against employee misclassification. Guided by their standards, the DOL and the NLRB aggressively enforces the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) respectively to expand the scope of classifying joint employers while narrowing the scope of categorizing independent contractors.
“Ransomware: Are Your Backups Safe?”
3 Steps To Safeguard Your Backups From Ransomware
Financial services firms’ most valuable asset - its data - is under constant assault. Threats like malware, breaches, phishing, ransomware, and even disgruntled employees, need to be not only considered, but be top of mind.
Navigating the Legal Challenges of Product Liability Cases: Latest Developments and Best Defenses
The emergence of new technologies continues to restructure the current product manufacturing and design practices, bringing unique developments in the product liability litigation landscape.
Handling Insurance Bad Faith Claims: Red Flags to Watch Out For
While the essence of insurance is to hedge against financial losses caused by unexpected damages, there are instances when an insurance company fails to fulfill its obligations and duty of good faith. This instance, more commonly known as insurance bad faith, can happen in several ways, including an insurer’s misrepresentation of the contract or its failure to disclose specific policy scopes.
Patent Portfolio Management: Tools and Best Practices Explored
Patent portfolio Managers are increasingly being asked to be business partners – they no longer solely responsible for proper protection for revenue streams and the ability to protect company for litigation to retaliate, they are being asked to advise the business units on the innovation landscape, which companies are research what tech, what countries are strongest in different domains. For this reason, more than ever integrated Patent portfolio management, and Collaboration between IP & R&D teams is more important than ever, with Patent portfolio managers leader the charger as strategic business partners and advisors.
The Biometric Information Privacy Act (BIPA) Class Action Litigation: Best Defense Strategies
The increasing use of biometrics across industries has provided security improvements and better access control in the way companies do their businesses today. With its various advantages, the market for biometric technologies has also grown rapidly, redefining the norm of human authentication and identification.
FINRA Arbitration: Current Issues and Practice Tips for 2022
As part of its mandate to ensure that investors and regulators have the information they need regarding broker-dealer operations, the Financial Industry Regulatory Authority (FINRA) continues to initiate significant efforts in improving the expungement framework. One of the top priorities in its anticipated regulatory notice is to revisit the proposed policy changes for the expungement processes, particularly concerning the rules for specialized arbitration panels. It underscores the need for arbitrators to look closely at any FINRA developments to develop an effective litigation strategy.
Antitrust Enforcement in the World of No-Poach: The Risks and Traps for Employers
The first criminal indictment for no-poach agreements targeting Surgical Care Affiliates (SCA) LLC and SCAI Holdings, LLC along with several succeeding indictments have spiked attention and focus in antitrust law. The intensified enforcement actions, which are likely to continue, have put managers on guard. Because antitrust enforcement is a clear priority under the Biden administration, companies are advised to stay in the loop and focus their compliance efforts on educating employees as well as on the recent developments in this area of law to avoid potential risks.
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