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The Employee Free Choice Act There Is Something In It For Everyone . . . To Be Worried About
These days, most companies are not concerned about their employees becoming organized by a labor union. With just a little over seven percent of the country's private sector workforce unionized and with organized labor failing to make strong gains in any industry over the past two decades (...
Read MoreProskauer Rose's São Paulo Office: Poised To Participate In Brazil's, And Latin America's, Bright Future
Editor: Mr. Piccirillo, would you tell our readers something about your professional experience? Piccirillo: I've been practicing law since 1995, when I graduated from Fordham Law School. Prior to that I did my undergraduate work at the Georgetown School of Foreign Service, which included a one-...
Read MoreThe Investment Picture Across The Pond
Editor: Please tell our readers about your background. Hudson : My background is slightly unusual for a lawyer in that I have had essentially two careers. As a lawyer I've worked in three law firms all of which were start-ups. I started my practice with a law firm called S.J. Berwin in London,...
Read MoreTurning Obscure Bits Of Data Into Hard Evidence: A Proposal For The Unorthodox Use Of A Document Request To Capture System Metadata
A weakness in the discovery process is that it is difficult to determine when a party has not met its obligation to voluntarily produce harmful documents. When it is available, system metadata can solve this problem by providing a different view of electronic evidence that is not readily...
Read MoreInsurance Companies Must Inform Policyholders Of Their Right To Independent Counsel
A recent decision by a New York State appellate court emphasizes the importance of a critical but often-neglected policyholder right: The right to select independent defense counsel to be paid for by the insurance company where the insurance company's reservation of the right to deny coverage...
Read MoreSecond Circuit Rules Cash Balance Pension Plans Are Not Age Discriminatory
On July 9, 2008, the U.S. Court of Appeals for the Second Circuit ruled in two parallel appeals that cash balance pension plans do not violate the age discrimination prohibitions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), Section 204(b)(1)(H), 29 U.S.C. § 1054(b)(...
Read MoreProskauer Rose's National Pro Bono Initiative Takes Hold
Editor: It has been a year since we last spoke. Would you tell us something about the establishment of Proskauer Rose's national Pro Bono Initiative (PBI) and what the Initiative has accomplished over the past year? Harshbarger : Overall, the Initiative has become the key to ensuring that the Pro...
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