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Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this'author has pointed out, there is at least one prominent federal judge (U.S. District Judge Mark W. Bennett of the Northern District of Iowa) who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases. (See Time to Abolish Summary Judgment in Employment Law Cases? published in this newsletter's ALM affiliate The Legal Intelligencer on July 26, 2013.)
Often, federal courts are loath to meddle with most employment-related business decisions, claiming it is not for the courts to second-guess as a kind of “super-personnel department.” The result is frequently a judicial rubber stamp of sorts, giving employers the imprimatur to fire/discipline at will.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."