Second Circuit Denies En Banc Rehearing of Stored Communications Act Decision in Microsoft Case
Advertising Litigation Report: Vol. 2, No. 1
Kramer Levin’s Employment Law Department thrives by taking a highly pragmatic approach to the ever-increasingly complex issues facing today’s employers. Always mindful of the onerous costs of employment litigation—costs that go beyond the financial ramifications to encompass a range of emotional, reputational, and public relations issues as well—our attorneys go to great lengths to help our clients avoid them.To that end, we work with employers to help design and implement effective employee relations policies and practices that minimize the risk of litigation while accommodating the real business needs of our clients. We counsel clients as to how to avoid litigation or position themselves for a successful conclusion if a dispute arises. When a dispute becomes inevitable, we have the resources and experience to see it through to its most expedient, cost-effective resolution, whether through negotiation, mediation, arbitration, or litigation. Our experience in trying many cases to successful resolution informs our ability to advise clients throughout the dispute resolution process about alternative strategies and methods to achieve success, control costs, and position the matter for early resolution whenever possible.Our practice is rooted in a thorough understanding, not just of employment law, but also of the business issues facing our clients. While other firms may tend toward a formalistic analysis of legal issues, our lawyers seek—and our clients appreciate—a more practical application of the law to business problems. This has led to a remarkable number of deep, long-term relationships in which our clients regard us as trusted partners who consistently add substantial value to their businesses. Even in litigation, we look beyond the possible outcomes to the potential implications of those outcomes—to employees, to management, to the company’s reputation, and to the business as a whole. And we never forget that the legal advice we provide must always consider the context of our clients’ business goals and needs.We staff our matters with an unusual efficiency, favoring small teams with extensive partner involvement. Taking this approach, which is effective both strategically and in controlling costs, we regularly face the full range of employment matters that arise, including:
Since many of our clients do business in multiple jurisdictions, and given that employment laws vary widely from state to state and country to country, we regularly draw on our membership in the Employment Law Alliance (ELA), a 50-state, 110-nation affiliation of the most highly-regarded employment firms in their respective markets. Through this exceptionally effective alliance, we can assure our clients of the highest level of service in every jurisdiction. Kramer Levin is the exclusive representative from New York City, Long Island, and Westchester and Rockland Counties for the ELA.Through our Executive Compensation practice, Kramer Levin’s Employment Law Department represents companies and senior executives with respect to all aspects of the executive-employer relationship, including the designing, drafting, and negotiation of employment, severance, restrictive covenant (including noncompetition and nonsolicitation covenants), consulting, and change in control agreements. We also advise private equity firms with respect to the executive compensation arrangements of their portfolio companies, partner with Kramer Levin corporate attorneys in connection with the employment and executive compensation aspects of mergers and acquisitions, and support the firm’s Bankruptcy group in negotiating new employment arrangements for companies emerging from bankruptcy. Our Executive Compensation practice assists clients in achieving their goals by combining our experience and depth of knowledge with a focus on being constructive and practical and an appreciation of the many disparate factors, concerns, and pressures that enter into the negotiation of executive compensation arrangements.