Features
Business Not As Usual
The majority of employers know that employment discrimination based on gender is illegal. Many employers, however, are unaware that discrimination based on stereotypical views of women as 'mothers' and men as 'fathers' may also be actionable. Although caregivers are not a protected class under federal anti-discrimination statutes, courts are recognizing with increased frequency that inappropriate considerations and decisions about 'caregivers' might constitute unlawful treatment under various federal laws.
Mental Illness and the ADA
A potentially dangerous situation employers struggle to understand arises when an employer neither knows nor recognizes an employee's mental disability, and has cause to terminate that employee, but, prior to termination, discovers the disability. This article discusses the pitfalls and solutions.
Features
e-Commerce Docket Sheet
Recent cases in e-commerce law and in the e-commerce industry.
A Primer on Foreign Language e-Discovery
While e-discovery may be Greek to many, it is those documents written in Chinese, Japanese, Korean and Russian that cause much of the trouble for companies ' bricks-and-mortar and 'e' alike ' when documents must be collected, reviewed, redacted and presented.
Features
New Year, New Clients
It's a brand new year ' and, with a little luck and some persistence, maybe you made the most of the holiday season's networking opportunities and now you're poised to follow up with a flood of new contacts. But if you felt like your holiday season was hectic and didn't yield much client-development success, not to worry. Consider making it your New Year's resolution to make the most of events you attend in 2008.
Americanization of e-Commerce Law
Despite the Internet's global reach, it is the propensity of American citizens and U.S. residents to engage in e-commerce ' and of American courts and governmental agencies to accept, resolve and publish the decisions in those cases ' that makes it fair to say that American law dominates e-commerce.
e-Battling Demons and Other Woes
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
Foreign Nationals and the Unfair Employment Practices Claims
Today, a great number of U.S. companies will hire foreign national workers, scrupulously check work authorization, and maintain heightened awareness about the potential for race/nationality claims. Gone are the days when only a limited number of multinational corporations had to deal with foreign labor issues. Far from being a remote consideration for organizations, complying with the nation's immigration laws and avoiding liabilty are of growing concern.
DNA in Civil Cases
The future of DNA evidence in civil cases is now upon us. DNA evidence is the most powerful forensic tool available to litigants today. During this decade and beyond, gene expression data developed in connection with the mapping of the human genome will provide causation proof in toxic tort cases and workers' compensation claims that epidemiology studies cannot match. Corporations and their insurance carriers are beginning to reap the financial benefits of toxicogenomic science, which tells them at an early stage whether a toxic exposure has caused an injury to a claimant.
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