2000 Articles

Merger integration: the ultimate change-management challenge By Timothy Galpin & Mark Herndon June 2000 After a long string of twelve- to fifteen-hour days, at the depths of a merger integration process, the executive leading the project confided in us: "This is quite possibly the most complex 'simple' process I've ever seen."

Ninth Circuit Court of Appeals holds California district court has specific jurisdiction because defendant invoked NSI’s dispute resolution process against California corporation. By Michael Todd Scott October 2000 On August 18, 2000 the Ninth Circuit decided the case of Bancroft & Masters, Inc. v. Augusta National Inc. Plaintiff, Bancroft & Masters, Inc. (hereinafter "B&M"), is a California company that sells computer products and services in California.

Ninth Circuit rules that government attorneys can speak ex parte with employees of represented companies when the employee initiates the communications. By Michael Todd Scott November 2000 In USA v TALAO, (9th Cir., Aug. 23, 2000), Talao owed a construction company (SLGC). In 1996, several of SLGC employees filed a complaint with the U.S. DOL alleging that SLGC did not pay the prevailing wage, required them to kickback a portion of their wages, and made false statements to the government regarding the wages earned and hours worked by the employees.

Report from the chair September 2000 The planning for the CLD's January, 2001 Corporate Compliance CLE has been completed and the advertising has started (http://www.isba.org/Sections/Corplaw/cld.html).

A review of recent discrimination cases in the Seventh Circuit: welcome to the real world, plaintiffs! By Jeffrey D. Lester December 2000 This article briefly looks at three recent civil rights cases affecting the corporate lawyer in her capacity as an employment lawyer.

Seventh Circuit addresses diversity jurisdiction when defendant is a member corporation By Michael Todd Scott December 2000 In CCC Info. Services, Inc. v. American Salvage Pool Association (ASPA), Nos. 99-3393 & 99-3565 (7th Cir. Sept. 22, 2000) the court addressed the issue of diversity jurisdiction over member corporations.

Subject index to substantive articles in Volumes 36 and 37 of The Corporate Lawyer July 2000 Benefits Meeting the challenge of cash balance pension transactions By Eric Lofgren and Kyle Brown, Vol. 37, No. 3 (Dec. 1999) Supreme Court rules in COBRA case involving dual coverage By Kathleen S. Rosenow, Vol. 36, No. 1 (Oct. 1998) Civil procedure and evidence Seventh Circuit holds that an employee can be liable for a corporation's discovery abuse By Michael Todd Scott, Vol. 37, No. 3 (Dec. 1999)

Supreme Court of California rules that corporation can recover fees for in-house counsel By Michael Todd Scott June 2000 On May 8, 2000 the Supreme Court of California held that a corporation that is represented by in-house counsel may recover attorney fees under Civil Code § 1717. The case is PLCM v. Drexler, and can be found on the Web at: http://caselaw.findlaw.com/data2/californiastatecases/S080201.PDF.

Ten tips for e-businesses By Diana J.P. McKenzie February 2000 As Internet startups have demonstrated to brick-and-mortar businesses, there is money to be made in e-commerce.

UCITA is coming! UCITA is coming! (One if by land, two if by C) By Eugene F. Friedman November 2000 The Illinois General Assembly has recently witnessed the introduction of the Uniform Computer Information Transfer Act ("UCITA"), 1999 Illinois Senate Bill 1309.

Unauthorized practice of law and in-house counsel By Michael Todd Scott June 2000 There has been a lot of discussion lately on unauthorized practice of law (UPL) by in-house counsel.

U.S. Supreme Court holds, per curiam, that 28 U.S.C. 1367 overrules Zahn v. International Paper Co. By Michael Todd Scott May 2000 Ever since Congress passed the Judicial Improvements Act of 1990, the issue of whether the new 28 U.S.C. 1367 overruled Zahn v. International Paper Co., 414 U.S. 291 (1973), has been debated by commentators and courts alike.

U.S. Supreme Court rules that blanket primary elections are unconstitutional By Michael Todd Scott July 2000 In 1996, California votes adopted Proposition 198 which changed the State's partisan primary election from a "closed" primary to a "blanket" primary.

U.S. Supreme Court upholds Miranda warnings July 2000 In 1966 the Supreme Court published the landmark decision of Miranda v. Arizona, 384 U.S. 436, which required law enforcement officers to give certain warnings before a suspect's statement made during custodial interrogation could be admitted in evidence.

Workplace violence—practical and legal issues and answers By Seyfarth Shaw September 2000 You are the Human Resources vice president for your company. A division manager reports that an employee on the first shift has been acting very strangely and recently threatened to "blow his supervisor away."