Employment

Expert Analysis

• 9 Tips For Becoming A Legal Pundit In The Media

  

  Have you ever been reading your morning paper or watching the nightly news, and found yourself wondering, “How did that lawyer get on TV? I could do that.” If you’ve decided you want to start putting yourself or your law firm in the public light but feel at a loss about how to start, there are several steps you can take to get yourself noticed, says Annie Scranton at Pace Public Relations.

• ERISA Litigation Takes A Plaintiff-Friendly Turn

  

  Traditionally, litigation involving the Employee Retirement Income Security Act has been viewed as skewing in favor of defendants, who are most often the sponsors and fiduciaries of employee benefit plans. But notwithstanding some of the inherent advantages for defendants, an unmistakable trend favoring plaintiffs is underway, says Joseph Faucher at Trucker Huss APC.

• The Defend Trade Secrets Act And Copyright Preemption

  

  Where the facts surrounding trade secret misappropriation might give rise to a challenge based on federal copyright preemption, a claim under the Defend Trade Secrets Act — as opposed to a claim under state law exclusively — should ensure that the trade secret claim survives a preemption challenge, says John Williamson of Finnegan Henderson Farabow Garrett & Dunner LLP.

• Law Firm Employees Can Better Defend Against Cyberthreats

  

  In a recent survey of 150 legal firms, it was revealed that “careless employees” was the No. 1 cybersecurity concern for firms by a wide margin. Law firms are smart to be worried about the risks their employees — from the interns to the partners — can pose, usually unintentionally, says Tom DeSot, chief information officer of Digital Defense Inc.

• Proposed Form 5500 Changes And Impact On Retirement Plans

  

  The proposed revisions to Form 5500 are complex and would significantly increase the annual reporting obligations for nearly all retirement plans. Future reporting obligations will require more data and resources and be subject to increased scrutiny by federal agencies, say attorneys with McDermott Will & Emery LLP.

• How Employers Should Prep For Active Shooter Situations

  

  If a mass shooting occurred at your workplace, would your workforce know what to do? While you do not want to overreact, if you want to protect your workforce and avoid liability under various laws then inaction and lack of preparation are no longer viable options, says Joseph Gagnon at Fisher Phillips.

• 3 Things To Know About New Calif. Labor Trafficking Law

  

  A recently enacted law in California seeks to protect against contractors becoming involved with the illegal trafficking of foreign workers and could have unexpected consequences for unsuspecting employers, say attorneys at WilmerHale.

• Using The Intricacies Of ERISA For Litigation Success

  

  In addressing two related cases that demonstrate the complexity of the Employee Retirement Income Security Act, it appears the Tenth Circuit held that ERISA both applied and did not apply to the same factual allegations. But a careful review of the decisions shows the importance of recognizing how the complex nature of ERISA can be used for success, say Alan Rupe and Jessica Skladzien at Lewis Brisbois Bisgaard & Smith LLP.

• Preparing Corporate Witnesses: A Primer

  

  Proper selection, preparation and presentation of corporate witnesses can be critically important to achieving a favorable outcome in court. Brian Bagley and Scott Marrs of Akerman LLP offer a checklist of best practices for selecting and preparing corporate witnesses.

• Shaping Franchisor Statutory Employer Status In Pa.

  

  In deciding to hear Saladworks LLC v. Workers’ Compensation Appeal Board, the Pennsylvania Supreme Court becomes the latest judicial body to weigh in on a legal issue that may significantly impact the traditional independence a franchisor enjoys from its franchisees, say Christopher Young and Katherine Puccio at Pepper Hamilton LLP.