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Litigation
September 29, 2010
Recent rulings of interest.
Forensic Custody Reports
September 29, 2010
Cross-examination is a fundamental right and a key component of due process. Implicit in the right to cross-examine is the opportunity to do so effectively. Unfortunately, idiosyncratic practices by some judges with respect to disclosure of custody evaluation reports and the records underlying them often thwart the exercise of this most important right. Despite the official call for reform by the Matrimonial Commission, archaic limitations on access reminiscent of Star Chamber protocols continue to obstruct the disclosure essential to effective cross-examination.
CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others
September 29, 2010
At press time, the California Supreme Court was considering a case that could impose a duty to warn on the manufacturer of one product for hazards associated with other products that are manufactured and sold by third parties.
Video and Audio Recording in Domestic Cases
September 29, 2010
Is there a legal difference between an audio and video recording of someone, compared with a video recording of someone? Moreover, if the recording is not sent electronically, but stored at the location of the recorded individual, is it still a violation of the wiretapping statute?
Alert: Employers Should Review Arbitration Agreements
September 29, 2010
Employers should revisit and review the language of any arbitration agreements in light of a Guideline Memorandum (GC Memo) issued by Ronald Meisburg four days before stepping down from his post as General Counsel for the National Labor Relations Board (NLRB).
Do's and Don'ts For Managing Your Restrictive Covenants In a Recovering Economy
September 29, 2010
This article provides helpful "do's" and "don'ts" to be used in constructing and evaluating employees' noncompete, nonsolicitation and confidentiality agreements.
But I Have a Prescription!
September 29, 2010
Two laws come into play in cases of employment discipline for medical marijuana use ' the Americans with Disabilities Act (ADA) and the law of the specific state where the employee works.
2010 IRS Employment Tax Crackdown
September 29, 2010
The "Employment Tax National Research Project" will review and audit the employment tax practices of 6,000 randomly selected businesses across the country from 2010 to 2012. Any business selected for this audit should expect an intense and detailed examination into their tax records, compliance, and reporting practices.
October issue in PDF format
September 29, 2010
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Insurance Coverage in Consumer Class Actions
September 29, 2010
The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.

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