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- Attorney’s fees; Bankruptcy attorneys; Bankruptcy Reform Act of 1978; Baker Botts v. ASARCO; L.L.C.; Fee applications; Prejudicial treatment; United States Trustee; Bankruptcy Code Section 330; Bankruptcy Code Section 328; Administrative expense; Reasonable fees; Actual and necessary services; Supreme Court; Fee-defense litigation; Frivolous litigation; Quantum meruit; Lodestar Method; Hindsight approach; Hybrid approach; Statutory interpretation; Underlying benefit; Enhanced fees; The American Rule; Fee-shifting; Bad faith exception to the American Rule; Higher standard (1)
- Career (1)
- Circuit split (1)
- Compensation (1)
- Cybersecurity; Whistleblowers; Internal reporting; Whistleblower protections; Cybersecurity disclosure regulations; Compliance systems; Securities Regulation; Corporate Governance; Retaliation; Dodd-Frank; Corporate compliance culture; Securities and Exchange Commission (SEC) guidelines; White hat hackers/Ethical hackers; Non-binding regulation; Fraud categories; Egan v. TradingScreen (1)
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- DOL (1)
- Employee (1)
- Employment (1)
- FLSA (1)
- Factors (1)
- Fair Labor Standards Act (1)
- Glatt test (1)
- Glatt v. Fox Searchlight Pictures (1)
- Inc.; Administrative authority; Shareholder protection; Security breach; Materiality; Cyber-risk (1)
- Interns (1)
- Internship (1)
- Labor (1)
- Primary benefits test (1)
- Second Circuit (1)
- Trainees (1)
- U.S. Department of Labor (1)
- Unpaid internships (1)
- WHD (1)
- Wage and Hour Division (1)
- Walling v. Portland Terminal Co. (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
Brooklyn Journal of Corporate, Financial & Commercial Law
In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …