Opinion

• Labor: How to avoid defamation and reverse discrimination claims when investigating harassment

  By Jason Tremblay  |  February 22, 2012

  Employers can follow these steps to reduce their potential liability

• Regulatory: The 3 criteria of an accidental franchise

  By Randy Johnson  |  February 22, 2012

  Companies that market their goods or services through independent distributors may be surprised to learn their distributorship arrangement is in fact a franchise subject to federal and/or state regulation.

• 

  Regulatory: Sallie Mae case lowers Rule 9(b) standards

  By Lisa Noller  |  February 22, 2012

  On Nov. 4, 2011, the D. C. Circuit decided United States ex rel. Batiste v. SLM Corp., 659 F.3d 1204 (D.C. Cir. 2011), holding for the first time that a previously filed complaint need not meet the requirements of Federal Rule of Civil Procedure 9(b) to bar a similar, later-filed...

• 

  IP: Determining the best time to file a patent application

  By Janelle Waack  |  February 21, 2012

  Filing a patent application is a key step in protecting the intellectual property of a company. As patent reform under the Leahy-Smith America Invents Act becomes effective, the timing of patent application filing becomes even more important because the U.S. is changing from a first-to-invent system to a first-to-file system.

• 7 tips for starting information governance projects

  By Mark Diamond  |  February 21, 2012

  One general counsel recently told me he would rather change a tire in the rain than work on a records management project.

• IP: Don’t feed the patent trolls

  By Cullen Pendleton  |  February 21, 2012

  The literature of the legal and business professions, both print and online, is replete with articles about who’s to blame for the scourge of patent trolls.

• 

  Labor: Employment protections under medical marijuana laws

  By Kathleen Furey McDonough  |  February 20, 2012

  The age of medical marijuana has arrived. Sixteen states, plus the District of Columbia, have enacted legislation that affords protections to qualifying individuals with debilitating medical conditions by allowing them to lawfully engage in the medical use of marijuana.

• Labor: The ins and outs of group terminations

  By Tom O'Day  |  February 20, 2012

  Group terminations can be an effective tool in managing labor costs in a down economy, but they also present a host of potential issues that could lead to liability. Advance planning and foresight can lead to a well-managed group termination.

• Technology: It’s a BYOD world and companies better learn how to deal with it

  By Dave Walton  |  February 17, 2012

  Not too long ago companies worried about making sure that they controlled their employees’ use of company-owned computers and devices.

• Technology: Defining licensor and licensee rights to pursue infringers

  By Mark Malven  |  February 17, 2012

  Both standing and control are critical when bringing suit