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  • The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. In some cases, however, the EEOC has approached conciliation in a "take-it-or-leave-it" manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer.

    January 31, 2015Mark Girouard
  • Texas Court of Appeals Upholds Ruling for Lawyer Defendant in Malpractice Suit over TV Network Stock Dispute
    TV Executive Can't Get Punitive Damages from Alleged Fraud in Hiring

    January 31, 2015Stan Soocher
  • When parents of special needs children experience a divorce, family law attorneys are in a unique position: Not only can they handle the divorce proceedings, but they can also steer their clients toward a plan for maintaining or establishing valuable Medicaid benefits.

    January 31, 2015Christina Lesher
  • On Dec. 19, 2014, the President signed into law the long-awaited year-end tax package, the Tax Increase Prevention Act of 2014 (TIPA). This law extended to the end of 2014 many but not all of the individual, business, and energy provisions that expired at the end of 2013. .

    January 31, 2015Richard Stieglitz and Nichol Chiarella
  • Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide the prevailing party with compensation for the substantial fees and expenses that often attend litigation.

    January 31, 2015Eric Fishman
  • Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors

    January 31, 2015Rupert Barkoff
  • The Fourth Circuit, recently held in a split decision that a lender's unrecorded lien primed an earlier unrecorded federal tax lien on a Chapter 11 debtor's real property. The case reassures secured lenders unaware of a borrower's preexisting tax lien, however, as it protects them against the government's nondisclosure.

    January 31, 2015Michael L. Cook