A recent development has led to discussions within the legal community around whether plaintiffs in the Fourth Circuit may be granted “surcharge” as a remedy for breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA). The matter was extensively addressed in a legal publication by Troutman Pepper. In contrast to the traditional…
Lengthy, multiyear compensation guarantees, which are often part of the package when partners make lateral moves in law firms, may be losing popularity, according to some signals from the industry. In a recent survey, just over one in 10 lateral partners reported receiving such guarantees for more than two years. These types of agreements can…
The United States Department of Labor (USDOL) has proposed modifications to the manner in which wages under the Davis Bacon Act (DBA) are calculated, a move that appears to favor employees. This decades-old legislation has been the foundation for numerous prevailing wage cases and the proposed changes raise interesting implications for legal professionals in the…
The UN Human Rights Office has recently released a report focusing on reparations for people of African descent in response to the lasting impacts of slavery and colonialism. In its multi-tiered approach to address these historical legacies, the UN discussed the potential for providing monetary reparations to descendants of enslaved and colonized individuals. The report…
Research conducted by Law.com shines a light on where U.S based Biglaw associates can enjoy the highest standard of living. This research took into account the average base compensation reported by associates in 30 U.S cities and compared this with the cost of living in these cities as determined by the Bankrate Cost of Living…
In a turn of events that could potentially change the landscape of discrimination claims, the Fifth Circuit Court of Appeals has altered its stance. As of August 18, 2023, the Court, which oversees cases in Texas, Louisiana, and Mississippi, has abandoned its long-held interpretation that for a discrimination claim to be in violation of Title…
In a recent ruling, the U.S. District Court for the District of Massachusetts addressed some significant legal points in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023). Notably, it provided insight into the application of the “material change” doctrine under Massachusetts law, the state’s stance on…
We are pleased to announce that we are in the process of updating our annual compensation data for corporate counsel and we seek your valuable contribution. If you’re functioning in the capacity of an in-house lawyer, we’re inviting you to take a moment to complete our brief, anonymous survey. In the near future, we plan…
Recent news from Peru has stirred up old tensions as Victor Polay Campos, a notorious figure in Peruvian history, reemerges on the public stage. Campos, also known as ‘Comrade Rolando’, is a known terrorist and the founder and leader of the Tupac Amaru Revolutionary Movement (TARM). On August 30, the Peruvian media announced that the…
Neutrals serving New York’s court-annexed alternative dispute resolution program currently face an injurious case of unjust enrichment, as they are required to provide certain amounts of their time for free. This issue is asserting itself as both unappreciated and a potential harm to the industry, according to criticism raised by legal professionals Elan Weinreb of…
In a recent ruling, the 4th U.S. Circuit Court of Appeals determined that a fired high-level IT worker, claiming discrimination due to his medical condition, was not entitled to either a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA). The case was instead adjudicated by a bench…
In 2022, legal chiefs in the technology sector significantly surpassed their peers in other industries in terms of earnings, despite the tech industry facing considerable layoffs and a downturn in stock prices. This revelation comes as findings from Corporate Counsel and ALM Intelligence’s 2023 General Counsel Compensation Report indicate that eleven out of the twenty…
For legal professionals dealing with workers’ compensation claims, an upcoming webinar (hosted on October 12th from 12:30 to 1:30 pm ET) promises to be insightful. Focused on the role of pain management in the treatment of injured workers, this session is especially relevant in the context of New Jersey workers’ compensation claim protocol. The webinar…
The question of whether a Workers’ Compensation Claimant is entitled to Temporary Total Indemnity Benefits after retirement in Connecticut has recently come under the spotlight and has important implications for legal professionals and employers alike. As a critical consideration, the key takeaways from Section 31-307 (a) of the Connecticut General Statutes point out certain prerequisites…
As many legal professionals are aware, the U.S. Securities and Exchange Commission’s (SEC) decision to withdraw its relief measures related to the European Union’s Markets in Financial Instruments Directive II (“MiFID II”) is causing uncertainty for research providers and users of such services. This is due to the changes brought about by MiFID II, which…
In a move that reflects consistently rigorous scrutiny of suspect contractual joint ventures, the U.S. Department of Health and Human Services Office of Inspector General (OIG) has provided further guidance for the IONM industry. On August 18, OIG published Advisory Opinion 23-05, which concluded that an entity’s proposal to aid referring surgeons’ ownership of self-contained…
Despite the fact that the majority of private practice attorneys work in small law firms, there is a notable lack of transparency surrounding their compensation. As such, “Above the Law,” a widely-recognized legal forum, is striving to demystify these figures through a specifically designed compensation report dedicated to solo practitioners and small law firm lawyers….
In a landmark event, the concluded two-year stalemate between the fast food industry and labor unions has finally been resolved. This resolution materialized in the form of a freshly brokered deal which will elevate the minimum wage to $20 for California employees engaged at fast food chains with more than 60 locations sprawled across the…
Changes to federal overtime regulations stand at the threshold of another likely overhaul, creating a pressing issue that both corporations and law firms should follow closely. The Department of Labor proposed alterations to the so-called “white collar” exemptions to the federal overtime regulations on August 30, 2023. If these propositions are adopted and effectively put…
Earlier this year, law firm Cravath astonished the industry by significantly raising associate pay, but it soon comes clear that not all associates have been enjoying this bounty equally. As it emerges, the exact location of an associate can significantly affect how far they can stretch their salaries. The American Lawyer undertook an intense study,…
The U.S. Department of Labor (DOL) is considering significant changes to overtime regulations pertaining to the Fair Labor Standards Act’s (FLSA) “white-collar” exemptions. These changes concern the adjustment of pay thresholds that classify exempt and non-exempt employees from overtime. Hogan Lovells reported that this proposed rule may have profound implications for higher education institutions. If…
In an ever-evolving legal landscape with increasing complexities in workforce management, corporations are required to show more agility and swiftness than ever before. As they confront these complexities, companies need to always keep an eye on adhering to the ever-changing employment laws. Violating wage and hour laws poses significant legal risks encompassing penalties, fines, or,…
In a recent Delaware Superior Court case, Callaghan v. Yorston, the court ruled in favor of a plaintiff’s request for a retrial arguing that the evidence on record supported her claims of injury, calling for a jury to deliver a monetary award. The defendant, while conceding liability for a motor vehicle accident, robustly contested the…
In a significant recent ruling, the Federal Circuit stated that differences in expiration dates among a patent family due to Patent Term Adjustments (PTAs) are allowable grounds for an Obviousness-Type Double Patenting (ODP) invalidity challenge against those members with later expiration dates. This element of patent law is not often in the spotlight, but can…
In the realm of premises liability law, owners of properties owe a legal duty of care to those who enter their premises. This duty intends to protect visitors from dangerous and unsafe conditions that may result in harm. A negligent security claim may arise if a property owner fails to provide adequate security measures, leading…