The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.
Imputing liability to an employer that relies on input from a biased employee is known as the "cat's paw" theory of liability. Here's how this affects your practice.
Part One of this article in last month's issue discussed the definition of disability, disabled-employee miconduct, and discipline. Part Two herein continues the discussion.
Ariel D. Cudkowicz, Laura Maechtlen, Asilia S. Backus
&
Natascha B. Riesco
Although no federal statute explicitly prohibits employment discrimination based on gender identity, courts have increasingly held that transgender individuals are protected from discrimination under federal law.
One question that many courts have grappled with is whether and to what extent accommodations must be made for a disabled person who engages in misconduct as a result of his or her disability. This article examines the divergent approaches that courts have taken in their resolution of that issue.
A recent settlement between New York-based law firm Kelley Drye & Warren LLP and the U.S. Equal Employment Opportunity Commission (EEOC) compels a second look at mandatory retirement in law firms and other partnerships.
In an interesting published decision, the U.S. Court of Appeals for the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII. This article takes a closer look at this case.
The long-standing practice of resolving Title VII indirect discrimination claims through summary judgment using the <i>McDonnell-Douglas</i> framework has recently come under fire. This article analyzes the recent ruling that has upset the applecart.
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
