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Structure of Firm Severance Package Can Result in Loss of Federal Health Subsidy

Stuart Sirkin

COBRA health care continuation coverage is not new. What is new is the ARRA-added federal subsidy for involuntarily terminated workers. This article explains.

Features

Tips for Drafting Employee Handbooks

Bill Wortel & Christy Phanthavong

The purpose of this article is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook.

Features

Poorly Drafted Severance Agreements

Kevin McCormick

As recognized in a recent decision from the Maryland Federal Court, a poorly drafted severance agreement can prove to be a very expensive mistake. This article takes a closer look at this decision: <i>Equal Employment Opportunity Commission v. Nucletron Corporation.</i>

Features

The Growth in Wage-and-Hour Claims

Andrew M. Slobodien & Stacey L. Smiricky

This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.

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ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Features

Changes Coming for Customer Personal Data

Melissa J. Krasnow

Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.

Voicemail, Web Conferences and Beyond

Michael Swarz

Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information ("ESI").

Employers Face High Stakes

Brooke Iley & Christine Bonavita

With the number of layoffs increasing dramatically, it is no surprise that individual charges of discrimination are ballooning. What may be a surprise to employers, however, is that the EEOC needs only one complainant, or in some instances, a mere suspicion that a discriminatory pattern or practice is occurring, to initiate a company-wide investigation.

Features

RICO

Gregory B. Robertson & Kurt G. Larkin

Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.

Features

Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions

James F. Shea

The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes.But there are also four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions ...

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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