In October 2008, the U.S. Supreme Court heard arguments regarding whether a qualified domestic relations order (QDRO) under the Employee Retirement Income Security Act trumps a woman's voluntary waiver of her ex-husband's pension benefits, an issue that has divided federal appeals courts and left divorce lawyers unsure how to advise clients. This article provides an update.
In a response to an article from our December Issue, psychologist David A. Martindale states that "parental concerns with such issues as 'image' must be seen by our courts for what they are: distractions. In cases involving custody and access, our courts are obligated to focus on the best interests of the children whose parents have brought the disputes to court.
Who's going where; who's doing what.
Canada recently became the first country in the world to limit exposure to bisphenol A, or BPA, a chemical found in numerous plastic products. The same month, the FDA decided to conduct further studies on BPA. These events may mark a dramatic change in official categorization and treatment of the chemical after decades of scientific and public debate. It may also result in new litigation across the country.
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.
On July 22, 2008, the Equal Employment Opportunity Commission ("EEOC") issued a revised Compliance Manual Section regarding religious discrimination in the workplace. This article provides a general overview of the Manual and examines its guidance on the definition of "religion" as well as an employer's obligation to provide a reasonable accommodation.
Is an employee who cooperates in an employer's internal investigation of sexual harassment is protected by the opposition and participation clauses of Section 704(a) of Title VII. 42 U.S.C. ' 2000e-3(a)? A review of the Supreme Court's ruling in Crawfordv. Metropolitan Government of Nashville and Davidson County, Tennessee.
U.S. Securities and Exchange Commission enforcement action settlements were expected to hit a three-year high in 2008, according to a new study released by a New York economic consulting firm. Here are the statistics.
There are ways that in-house counsel can proactively prepare for litigation and regulatory and compliance issues, easing the burden of discovery while increasing the defensibility of their processes and procedures. Developing a data map of an organization's information flow is one important step.
