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Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes. Notably, in September 2008, the Americans with Disabilities Act Amendments Act was signed by President Bush; in November 2008, the U.S. Department of Labor issued its final revised regulations applicable to the Family and Medical and Leave Act, and in January 2009, the Lilly Ledbetter Fair Pay Restoration Act was signed by President Obama. Other major legislative efforts, including The Paycheck Fairness Act, which would alter key provisions of the Equal Pay Act of 1963, and the Employee Free Choice Act, which would, among other things, amend the National Labor Relations Act to eliminate secret ballot elections for selection of union representation, are under consideration in Washington.
These statutory and regulatory enactments have been widely debated and publicized as part of the legislative process. Equally important, but without any of the public comment and debate associated with major legislative changes, have been four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and 42 U.S.C. ' 1981.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?