Defending Spoliation Claims
February 25, 2010
The duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.
Eleventh Circuit Nixes Sex Harassment Claims
February 25, 2010
Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.
Employer's Failure to Give Notice of Claim Bars Insurance Coverage
February 25, 2010
An increasing number of employers have begun purchasing insurance, sometimes referred to as "employment practices liability insurance" (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.
In the Courts
February 25, 2010
National rulings of importance to you and your practice.
Heightened FCPA Exposure for Executives
February 25, 2010
In enforcement of the Foreign Corrupt Practices Act (FCPA), the standards are continuously evolving, leaving corporate executives increasingly preoccupied with how prosecutors and regulators might view their activities. Some executives say this issue keeps them up at night.
Justice Department Issues Guidance on Discovery
February 25, 2010
In the wake of a high-profile case that highlighted discovery abuses by federal prosecutors, the Department of Justice (DOJ) issued guidance regarding the government's discovery obligations on Jan. 4, 2010.
Feds to Corporate America: 'The Cops Are Coming'
February 25, 2010
On Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
Sex Versus Society
February 25, 2010
In last month's newsletter, we began discussion of a decision from New York's Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.
Military Retirement vs. Disability Pay
February 25, 2010
Even when a lawyer is aware of the complications that can arise, attempts to protect a civilian party's rights to a portion of a service member's retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.
