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Court Says OK to Terminate Bipolar Employee

Cassidy M. English

Before filing suit under the California Fair Employment and Housing Act (FEHA), an employee must exhaust her administrative remedies with the Department of Fair Employment and Housing (DFEH). An analysis of <i>Wills v. Superior Court</i>

Economic Analysis: ERISA Litigation over Fiduciary Duties

John Montgomery

The purpose of this article is to discuss some of the important economic issues that arise in ERISA litigation, both in establishing liability and in calculating damages.

Features

NLRB Breathes New Life into Federal Labor Law

Robert G. Brody & Sami Asaad

By now, everyone knows discrimination and harassment are illegal in the workplace. But how many know that employees have the right to engage in protected, concerted activities "for the purpose of ' mutual aid or protection?" Are you in violation of federal labor law?

Features

Affirmative Action Invades the Health Care Industry

Christopher Durham

Government contractor or subcontractor status has far-reaching implications and potentially dire consequences for health care providers if they are not in compliance with their affirmative action obligations.

Don't Ask and Don't Tell

Debra S. Friedman

Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.

Features

Staying Afloat Through the Flood

Jonathan M. Cohen & Barry I. Buchman

This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.

Features

Where Is the Data?

Amelia Stobaugh

If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.

Features

Quarterly State Compliance Review

Sandra Feldman

This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.

SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers

Darrick M. Mix & Michael E. Clark

The SEC recently adopted "bounty hunter" whistleblower rules that are likely to encourage employees of public companies to report potential violations of securities laws directly to the SEC, rather than in accordance with established internal company compliance and reporting procedures.

Features

Negligence Claim Precluded by Real Estate Service Contract

Alan Nochumson

In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.

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