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LJN Newsletters

  • A young, dynamic partner is rapidly building a practice. She is active, visible, and well connected in the market. She aggressively pursues business opportunities. She is known for her keen intellect, is highly respected, and her work is first rate. Clients regularly comment on her ability to seamlessly blend pragmatic legal and business advice that advances their agendas in very positive ways. Other firms have periodically made runs at her beginning around her mid- to-senior associate years, but she began her career here and feels much attached to the firm.

    April 27, 2007James D. Cotterman
  • Recent rulings of interest to you and your practice.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • Who's doing what; who's moving where.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • The Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. White resolved a split in the Circuits when it held that a so-called ultimate employment decision is not necessary to establish a retaliation claim. Instead, the Court held that any act that might dissuade a reasonable employee from making or supporting a claim of discrimination can create employer liability for retaliation under Title VII of the Civil Rights Act of 1964. After the decision, many commentators have expressed concern that the new standard will open the floodgates for a wave of new retaliation lawsuits, but what has Burlington Northern really changed, and what does the new framework mean for employers?

    April 27, 2007Gregory R. Fidlon
  • In employment class actions in federal court, such as class actions under Title VII for which Federal Rule of Civil Procedure 23 provides the governing procedure, the most critical juncture in the case is often the plaintiffs' motion for class certification. That motion requires the court to evaluate whether the plaintiffs have met the Rule 23 requirements and may proceed as a class; denial of the motion generally deals a devastating blow to plaintiffs' claims. In a new ruling that employers can use to support their bids to defeat plaintiffs' motions for class certification under Rule 23, the Second Circuit recently clarified ' and strengthened ' the standard under which district courts should determine plaintiffs' satisfaction of Rule 23's requirements.

    April 27, 2007Victoria Woodlin Chavey
  • Pre-employment testing has always been risky business, but a recent high-dollar jury verdict has sharpened the focus on such testing. In the latter months of 2006, the Eighth U.S. Circuit Court of Appeals considered and affirmed a $3.4 million verdict in favor of the Equal Employment Opportunity Commission (EEOC) in a case involving an employer's efforts to reduce workplace injuries through pre-employment testing.

    April 27, 2007William C. Martucci and Kristen A. Page
  • Highlights of the latest franchising news from around the country.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • Highlights of the latest franchising cases from around the country.

    April 27, 2007Christopher M. Hanes
  • While franchise lawyers, both domestically and in foreign jurisdictions, tend to focus their primary attention on matters of importance that are specific to franchise relationships, most are keenly aware that franchising is essentially just a form of distribution. Therefore, laws and regulations of broader impact can often be of critical importance. While distribution systems may often escape the applicability of franchise laws, franchise relationships nevertheless often have to deal with those affecting distribution generally.

    April 27, 2007William P. Johnson