LJN Newsletters

  • Does Constructive Discharge Bar an Employer's Defense?

    In last month's Employment Law Strategist, we explored the background to a growing conflict among the circuit courts regarding the availability of the so-called Ellerth/Faragher affirmative defense in constructive discharge cases. We began with an analysis of Suders v. Easton, 325 F.3d 432 (3d Cir. 2003), in which the Third Circuit held that holding an employer strictly liable for a constructive discharge resulting from the actionable harassment of its supervisors more faithfully adheres to the policy objectives set forth in Ellerth and Faragher. Granting certiorari to consider the Third Circuit's ruling, the U.S. Supreme Court has now undertaken to resolve the discord among the circuits.

    February 09, 2004Albert J. Solecki, Jr. and Lori A. Mazur

  • Case Notes

    Recent rulings of interest to you and your practice.

    February 09, 2004ALM Staff | Law Journal Newsletters |

  • Online

    Web sites of interest to you and your practice.

    February 09, 2004ALM Staff | Law Journal Newsletters |

  • Practice Tip

    Multiple regression analysis, a statistical tool often used in litigation as evidence in employment-discrimination suits, can also be useful in product liability matters to show probable causation and also to show the probable range of economic damages.

    February 09, 2004Jerome M. Staller, Ph.D.

  • Electronic Discovery in Mass Tort Multidistrict Litigations

    The ever-increasing use of electronic communications and storage systems, ranging from e-mail to word processing documents, to computerized databases, has greatly changed the nature of document preservation and production. As more and more people create, utilize and store electronic data in various formats, electronic discovery issues have become increasingly important in litigation.

    February 09, 2004Beth L. Kaufman and David Black

  • Discovery of Trade Secrets: How Courts Analyze Disclosure Issues

    The first part of this series, published last month, addressed the definition of trade secrets in the context of discovery. As efforts to obtain trade secret information increase, a clear definition of trade secret is vital for the courts to analyze this issue correctly. This second installment addresses that analysis, and the standards and terminology courts apply to decide whether trade secrets should be disclosed, the arguments and evidence that parties resisting this discovery can present to the trial court, and strategies to limit the potential for additional damage if trade secrets are ordered produced.

    February 09, 2004Kenneth J. Moran and Steven D. Jansma

  • Business Crimes Hotline

    Recent rulings of interest to you and your practice.

    February 06, 2004ALM Staff | Law Journal Newsletters |

  • In The Courts

    Recent rulings of interest to you and your practice.

    February 06, 2004ALM Staff | Law Journal Newsletters |

  • 'The Defense Calls ... the Defendant'

    Most criminal defendants are advised against testifying at trial, but white-collar defendants usually must testify. Since state of mind is a key element in many business crimes, often the most important issue is what the defendant intended in taking (or failing to take) a specific action. The defendant's best hope may be to look jurors in the eye and convince them of his or her innocent state of mind. Besides, jurors tend to think that anyone wrongly accused would take the stand to proclaim his or her innocence.

    February 06, 2004Jeffrey T. Green

  • Foreign-Tax Evasion As Mail and Wire Fraud

    With deficits plaguing the federal budget, prosecutors might be expected to concentrate their efforts on enforcing U.S. tax laws. Yet federal prosecutors have recently brought charges under the mail and wire fraud statutes (18 U.S.C. '' 1341, 1343) in cases involving the evasion of foreign taxes. Foreign governments themselves have brought civil suits under the RICO statute (18 U.S.C. ''1961 et seq.), on the theory that the evasion of foreign taxes constitutes a predicate act of mail or wire fraud. The courts have split on whether this works. Generally, RICO claims by foreign governments have failed. Criminal prosecutions for fraud and money laundering have been upheld by the Second and Fourth Circuits, but rejected by the First Circuit. The issue may soon reach the Supreme Court.

    February 06, 2004Stuart E. Abrams