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National Litigation Hotline
Recent rulings of importance to you and your practice.
Features
Lateral Transfers: 'Adverse Actions'?
Retaliation claims are the growth industry of employment discrimination law. According to the U.S. Equal Employment Opportunity Commission (EEOC), the number of reprisal charges filed with the agency has ballooned from under 11,000 in 1992 to more than 22,000 in 2002, rising steadily during that period from 15% to 27% of all EEOC charges.
How to Avoid a 'Runaway Jury'
In the wake of several United States Supreme Court decisions, many employers have implemented mandatory arbitration procedures in order to avoid costly federal and state law employment discrimination trials. The idea that arbitration offers a cheaper alternative and avoids the possibility of a 'runaway jury' has considerable appeal for employers who are now subject to a host of employment discrimination and other workplace protection statutes.
Recent Developments from Around the States
National cases of interest to your practice.
Features
Great DNA! You're Hired
Advances in genetic science have repeatedly grabbed headlines recently, from cloned calico cats to specially engineered food crops to promises that parents will soon be able to choose the physical characteristics of their future children. With the steady advance of technology and the increasing ease with which genetic material can be collected and analyzed, it is little wonder that some employers are contemplating using genetic testing as part of the employment process.
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Anti-Harassment Policy and Training: More Important Than Ever
A recent decision by the Supreme Court of New Jersey serves as a powerful reminder to employers that in order to attempt to insulate themselves from liability for harassment claims, an anti-harassment policy must be more than the 'mere words' contained therein. .
National Litigation Hotline
Recent cases of interest to your practice.
Features
Recent Developments from Around the States
National cases of interest to you and your practice.
Five Keys to Assessing Economic Damages
The proper assessment of economic damages, once liability is determined, is one of the most crucial elements of the legal process. In fact, even before a case ever enters the courtroom, an accurate estimate of economic loss may pave the way for a settlement, saving both sides time and expense.
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›