<b><i>BREAKING NEWS:</i></b> Business Community OK with New ADAA Implementation
The business and disability rights communities are uniting behind long-awaited, final regulations implementing the 2008 Americans With Disabilities Amendments Act. The regulations become effective on May 24, 2011.
Supreme Court Appears Sympathetic to Wal-Mart in Class Action
The massive class action against retail giant Wal-Mart Stores Inc. ran into stiff resistance at the U.S. Supreme Court on March 29, after surviving lower court challenges ever since it was launched 10 years ago. 'It's not clear to me: What is the unlawful policy that Wal-Mart has adopted?' said Justice Anthony Kennedy, who as usual is the likely swing vote in the closely watched business case <i>Wal-Mart v. Dukes</i>.
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Non-Compete and Trade Secret Concerns for In-house Lawyers
Here is a Top Ten list of concerns for in-house lawyers and the companies they represent.
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Separation and Settlement Agreements
This article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.
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U.S. High Court Recognizes Title VII Third-Party Retaliation Claim
Retaliation claims are the most dangerous and powerful of allegations under Title VII. The <i>Thompson v. North American Stainless LP</i> decision has the potential to dramatically expand the scope of such claims.
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What's Private in the Private Workplace?
Unlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?
Court Upholds Forum Selection Clause in Employment Agreement
This case highlights an important tool that all Maryland employers should consider using when drafting employment agreements.
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A Refresher on USERRA with Recent Developments
It remains to be seen how the Supreme Court will rule on its first USERRA case this spring, but a review of compliance with USERRA should be every employer's priority.
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Managing Employees on Social Media
With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.
Terminating Employees for Unapproved Posts
Are employers "free to fire" if their employees violate social media policy? The answer might surprise you.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
