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Publications

11.02.09Employees do use Social networking sites at work:Dealing with the reality
The Illinois Manufacturer
David B. Ritter, Sonya Rosenberg

Abstract: The remarkable explosion in the use of social networking sites has raised many questions and concerns for employers. Among the most frequently asked questions: Are employees really using social networking sites? Are they doing it at work? How do wewrap our arms around this unending stream of new technologies, and deal with them at the workplace? In thinking about these kinds of questions and social networking sites in general, employers should know these three key points: (1) your employees are using social networking sites at work; (2) smart, preventative measures go a long way; and (3) effective response mechanisms give life to your policies and help you stay in control. Neal Gerber Eisenberg partner and Labor & Employment Practice Group chair David B. Ritter and Labor and Employment Practice Group member Sonya Rosenberg co-authored an article that appears in the Fall 2009 edition of The Illinois Manufacturer.

11.01.09Prepare Your Workplace for H1N1 Flu
Forum
Gray I. Mateo-Harris

Abstract: In the November/December 2009 issue of Forum, the monthly publication of the Association Forum of Chicagoland, Neal Gerber Eisenberg Labor & Employment Practice Group member Gray I. Mateo-Harris co-authored an article entitled "Prepare Your Workplace for H1N1 Flu."


10.20.09IRS to Begin Employment Tax Audit Initiative
Robert A. Bedore, Kenneth L. Harris

Abstract: Starting in February 2010, the Internal Revenue Service (“IRS”) will begin a National Research Program (“NRP”) to investigate employment tax compliance. Under the NRP, the IRS plans to audit 6,000 randomly-selected taxpayers over the course of three years. The taxpayers selected for these audits are expected to constitute a representative sample of all employers, including large and small businesses and tax-exempt entities. The auditors are expected to focus on five areas – worker misclassification, fringe benefits, officers’ compensation, employee expense reimbursement plans, and nonfilers – which are discussed in greater detail below.

10.14.09Addison Insurance Co. v. Fay: The Burden of Proving the Number of Occurrences
Federation of Defense & Corporate Counsel Quarterly
Christopher D. Mickus, Patrick Frye

Abstract: Typically the burden of proof is placed on the party that would benefit by proving an assertion. In an insurance coverage dispute, the policyholder has the initial burden of proving that its claim falls within the policy's coverage. Recently, in Addison Insurance Co. v. Fay, the Illinois Supreme Court placed the burden of proving the number of occurrences on the insurer where the policyholder's recovery of insurance proceeds beyond the per occurrence limit was contingent on the losses having resulted from at least two occurrences. Neal Gerber Eisenberg Litigation Practice Group attorneys Christopher D. Mickus and Patrick Frye co-authored this article that appears in the Summer 2009 edition of Federation of Defense & Corporate Counsel Quarterly. (NOTE: PDF is reprinted with permission from 59 FED. DEF. & CORP. COUNS. Q. ____ (2009). All rights reserved.)


10.07.09Is a Scheme to Deprive Another of the ‘Right to Control Spending’ Mail Fraud?
BNA Criminal Law Reporter
Michael D. Sher

Abstract: The mail-fraud statute ‘‘does not make a federal crime of every deceit.’’ Rather, that statute is ‘‘limited in scope to the protection of property rights,’’and ‘‘makes criminal only schemes to deprive people of property rights.’’4 Therefore, a deception that neither contemplates nor leads to the deprivation of another’s property does not violate Section 1341. Neal Gerber Eisenberg Litigation Practice Group and White Collar Criminal, Regulatory & Internal Investigative Services Practice Group member and partner Michael D. Sher authored an article appearing in the October 7, 2009 issue of the BNA Criminal Law Reporter.
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