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Barnes & Thornburg LLP Commercial Litigation Update - September 2014

Welcome to the September 2014 edition of the Commercial Litigation Update, an e-publication that features articles authored by the attorneys in Barnes and Thornburg LLP's Commercial Litigation Practice Group.

The Weary Worker: Overtime Considerations for Non-Exempt Employee Mobile Device Use
By Ann Grayson 

There are clear advantages to having employees bring their own devices (BYOD) to work. By choosing their own work tools (smart phones, tablets, etc.), employees can optimize their workplace effectiveness. However, there are a number of potential pitfalls to BYOD, including potential overtime issues for non-exempt employees. Learn more about how BYOD can affect OT policies at businesses.

Regulators, Prosecutors Discuss Securities and Commodities Enforcement Priorities
By Trace Schmeltz

A trio of senior regulators and prosecutors in the securities and commodities worlds recently gathered to give their views on enforcement trends. Learn more about the thoughts of David Glockner, SEC Chicago; Scott Williamson, Commodity Futures Trading Commission; and Cliff Histed, Securities and Commodities Fraud Section of the U.S. Attorney’s Office.

So, You’ve Won Your Case and Recovered a Judgment in Federal Court. Now, How Do You Collect?

Many litigants are unfamiliar with the process that must be followed after a judgment awarding damages is entered in their favor. In a perfect world, the process would be easy, quick and inexpensive. After all, if the winning party was not awarded attorneys’ fees, spending time and money paying an attorney to recover damages can be frustrating. The process, however, is typically not easy particularly when the losing party’s ability to pay is not obvious. Read more about how the courts have weighed in on the issue.

Second Circuit Defines “Customer” Under FINRA
By J. Alexander Barnstead

In a recent case, the Second Circuit Court of Appeals defined a “customer” under the Financial Industry Regulatory Authority (FINRA). Learn more about what the court held and how they defined “customer.”

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This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.



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