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This article discusses the underutilized litigation strategy of extending an unconditional offer of reinstatement to a former employee-plaintiff who has filed (or has threatened to file) suit challenging his or her termination from employment.
Assume that your client has been sued by a former employee, and that a post-termination electronic search of the employee's laptop uncovers e-mails to legal counsel. Now what?
Features
In late January, the Equal Employment Opportunity Commission (EEOC) sued Kelley Drye & Warren for its use of a compensation system that the agency claims discriminates against attorneys based on their age.
Features
Pregnancy discrimination complaints are steadily on the rise, necessitating a renewed focus by employers on ensuring compliance with pregnancy discrimination laws.
For companies, social media presents both opportunities and risks. These risks include reputational, brand, legal, regulatory and security concerns. This article outlines some approaches that companies are taking to manage these risks.
Features
As in-house counsel, if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is the company responsible?
There is a recurring battle playing out in trial courts across the country in medical negligence cases as to whether <i>ex parte</i> interviews with a patient's treating physicians are permissible under HIPAA and its implementing privacy rules.
The first installment of this article discussed how facts and opinions are not the only things a jury considers in deciding the outcome of a medical malpractice case; jurors also pay close attention to large and small gaffes that may show an expert is biased. How can you best exploit these lapses when showing that the other side's experts are less reliable than they might appear?
Blogs, social networking sites (Facebook, Twitter) and news sites, when accessible via search engines (Google) and other Internet data-mining applications, afford the public astounding access to previously inaccessible information about other people, with unprecedented speed and accuracy. By doing so, the Internet is changing society's expectation of privacy and, as a result, reducing the prevalence of what is perceived to be an actionable privacy violation, and actions about and awards for these.