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  • The United States Supreme Court rebuked a Ninth Circuit panel for misapplying disparate impact analysis in the context of a disparate treatment case when the lower court ruled that a recovered drug addict could not be denied reemployment under the terms of the employer's no-rehire rule. In doing so, the Supreme Court determined that, in fact, a no-rehire rule is a "quintessential legitimate, nondiscriminatory reason for refusing an employee who was terminated because of misconduct."

    January 01, 2004ALM Staff | Law Journal Newsletters |
  • New York's highest court has issued an important decision interpreting Section 193 of the New York Labor Law, which prohibits employers from making deductions from an employee's wages except in limited circumstances.

    January 01, 2004Rene Kathawala
  • Recent rulings of importance to your practice.

    January 01, 2004ALM Staff | Law Journal Newsletters |
  • On Dec. 4, 2003, President Bush signed into the law the Fair and Accurate Credit Transactions Act of 2003 (FACT), Pub. L. No. 108-159, 117 Stat. 1952 (2003), amending 15 U.S.C. § 1681a, et. seq., and reauthorizing and amending the Fair Credit Reporting Act (FCRA).

    January 01, 2004Merrick T. Rossein
  • Recent developments in e-commerce law and in the e-commerce industry.

    January 01, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger
  • Recent court rulings in e-commerce.

    January 01, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger
  • Law firms have historically recognized the need to keep all legal matters in some kind of permanent file. For that reason, the position of record manager is well known. But the definition of a record has expanded in scope with the proliferation of communications technology and means by which to store communications. The definition of a record, for example, now encompasses all computer-generated documents. It's significant to firms that advise e-commerce ventures, and the ventures themselves, that the new definition of a record includes e-mail and e-mail attachments. This article will explore the differences between records and documents, the unique challenge e-mail represents and issues to be aware of when setting up a cutting-edge records-management system.

    January 01, 2004Kurt Thies