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Employment Law Strategist
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Articles from Related Newsletters
Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims
The Bankruptcy Strategist
In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. as a result of the termination of one of Oneida’s pension plans during its Chapter 11 case were prepetition “claims” as defined in the Bankruptcy Code that were discharged under Oneida’s confirmed plan of reorganization.

Supreme Court’s LaRue Decision Interprets ERISA’s Remedies to Fit a 401(k) World
Law Firm Partnership & Benefits Report
In LaRue v. Dewolff, Boberg & Associates, Inc., the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

Who Owns the Web Site? Preventing Disputes Between You and Your Web Designer
The Intellectual Property Strategist
Hiring an outside Web designer can be an efficient and effective way of ensuring a high-quality Web site for a company. However, when the relationship with the designer ends, the question of who owns the copyright in the Web site can lead to contentious and costly litigation.

Subprime Mortgages and D&O Coverage: Will Insurers Pay and for What?
The Insurance Coverage Law Bulletin
As the wave of litigation related to subprime defaults builds momentum, the people and institutions targeted by that litigation are looking to their insurers for reimbursement of the costs of defending those actions and any resulting liabilities.

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BREAKING NEWS:
11th Circuit OKs Suit Based on Sexual Language in Office

In a rare win for a plaintiff alleging employment discrimination, the 11th U.S. Circuit Court of Appeals has held that a woman can bring a harassment claim for language not referring specifically to her.

Background Checks: Handle with Care!
Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation.

A New Avenue for Retaliatory Discharge Claims
As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.

The Employment Discrimination Class Action Is Alive and Well
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.

Even Non-Union Employees Have Rights Under the NLRA
Even in today’s increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.

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