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Posts under ‘Attorney Articles’

DOL to Increase FLSA Investigations

By: Paul Cherner
The U.S. General Accounting Office (”GAO”) recently issued a scathing report about the DOL’s handling of FLSA investigations. The title of the report is “Wage and Hour Division’s Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage Theft.”
In response, the new DOL Secretary, Hilda Solis, issued a News Release stating [...]

Lawyer General Commands Open Government

FindLaw
By Eric Sinrod
In a recent memorandum to heads of federal executive departments and agencies, Attorney General Eric Holder, Jr. has followed President Obama’s earlier lead in instructing that the Freedom of Information Act be administered with the clear presumption of openness.
According to the Lawyer General, this presumption has 2 important implications.
The first implication is [...]

This Just In: More People Getting Their News from the Internet than from Newspapers

 
By Eric Sinrod When you think news, do you think of print newspapers? If so, you’re outnumbered, as more people now obtain their news from the Internet, according to a recent survey.
 Whereas only 24% of people reported obtaining their national and international news from the Internet as recently as September, 2007, that number now [...]

Employee Free Choice Act

 By Paul Cherner There has been a substantial amount of debate concerning the proposed federal legislation entitled the Employee No charge Choice Behave (”EFCA”).
In 2007, EFCA was passed by the U.S. House of Representatives, but failed to win a cloture vote to end a filibuster  in the Senate.   Labor unions have listed the passage of EFCA as [...]

ON BECOMING A BANK ATTORNEY

By William M. Aukamp
             I began representing banks in late 1968, when I joined a Long Island-based two person law firm that served as general counsel to a Thirty branch community bank. Today, I am of counsel to a 180 lawyer firm with offices in four states. During the intervening years, I have served as [...]

THE NEED FOR SPEED: THE PATH TO STATUTORY DAMAGES IN COPYRIGHT

Steven A. Gibson
J.D. Lowry
Introduction
The irony is remarkable: copyright law provides arguably the most robust protective matrix for any intangible assets and yet remains horribly underutilized by owners of copyrights. While copyright registration is not necessary for copyright ownership,1 copyright registration provides particularly relevant and practical advantages, one of which is the ability to claim statutory [...]

Making a Federal Case Out of It: A Civil Defendant’s Guide to Removal

By J.D. Lowry See that major futuristic-looking building on Las Vegas Boulevard, between André’s to the east and the Lewis Avenue Corridor Park to the west? It’s the Lloyd D. George Federal Courthouse, home of the unofficial southern division of the U.S. District Court for the District of Nevada, and as civil defense counsel, you [...]

What to Expect in 2009

By: Paul Cherner
Expect increased activity in the labor and employment law arena from Washington, DC in 2009.  The Labor Movement invested more than $300 million and countless volunteer hours to help elect President-elect Obama and enlarge the Democratic majority in Congress and it expects both to enact new legislation and initiate administrative activities that will benefit [...]

New Executive Orders for Federal Contractors

 
By Paul Cherner
On January Thirty, 2009, President Obama issued three Executive Orders that impact federal contractors.  These Orders are pro labor and are intended to reverse positions taken during President Bush’s administration.
Nondisplacement of Qualified Workers Under Service Contracts -  this Executive Order provides for the continuation of employment of employees who are working pursuant to a [...]

Federal Estate Tax: Get Ready to Rumble!

                                                                                                                                                                       On January 27, 2009, the Center on Budget and Policy Proposals posted an article entitled “Congress Should not Weaken Estate Tax Beyond 2009 Parameters“, by Chye-Ching Huang, who reported:
Senate Finance Committee Chairman Max Baucus reportedly plans to unveil a proposal in coming weeks to make permanent key features of the estate tax that [...]