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The Corporate Counselor

Volume 23 - Number 4 | September 2008

September Issue in PDF Format


Trojan Horse Employment Issues Related to Workplace Technologies
By Bryce G. Murray and E. Fredrick Preis, Jr.
Technology has advanced the workplace well beyond many general workplace practices employers have in place, and outpaced some workplace laws, including provisions of the Federal wage and hour laws.

Meaningful Litigation Plans
By Stewart Weltman
This is the fourth in a series of articles discussing how in-house counsel can better manage litigation matters.

LLC Interests May Constitute ‘Securities’
By Robert S. Reder
Recently, the Second Circuit Court of Appeals, in affirming convictions for securities fraud and conspiracy to commit securities and mail fraud, ruled in U.S. v. Leonard, that interests in various limited liability companies ("LLCs") onstituted "securities" for purposes of the federal securities laws. The Leonard analysis is instructive of the process that a court will follow in considering the status of non-traditional securities, such as LLC interests, under the federal securities laws.

Be a Software Contract Hero
By Nanci Tucker
from the attorney’s perspective, the RFP is a tool for collecting the information that becomes the heart and soul of the final contract and serves as a basis for the vendor’s liability. This article spells out a "best-practices" RFP process, step by step.

Yogi and Casey and Due Diligence
By Laurence S. Lese and Geoffrey Weber
Yogi Berra and Casey Stengel remain icons in the lore of baseball. As attorneys, little did the authros realize that Yogi and Casey, in making their baseball remarks, were actually intending to guide us through the due diligence process that counsel deals with on a regular basis.

Employers Must Bolster Their Policies Against Retaliation
By Scott E. Gross
Last month, the author said that heightened awareness is necessary after the Supreme Court ruling in CBOCS West, Inc. v. Humphries increased the stakes. The discussion concludes herein with a look at the mechanics of an investigation.