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Statistical Lessons of Ricci v. De Stefano
The first part of this article about the Supreme Court's ruling <i>Ricci v. De Stefano</i> discussed what statisticians really have to say about disparate impact. The conclusion herein addresses the results of, and lessons to be learned from, the <i>Ricci</i> case.
Update on Retaliation Claims
If an employee orally complains to a supervisor about the employer's wage practices, which he believes violate the Fair Labor Standards Act ("FLSA"), has the employee engaged in protected activity that may form the predicate to a claim of retaliation under the FLSA?
Changes to Form I-9: Administrative on Their Face; Substantive in Effect
As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.
Movers & Shakers
Who's doing what; who's going where.
Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine
In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.
The Leasing Hotline
Recent rulings of interest to you and your practice.
Where's the Door?
Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.
In the Spotlight: Enforcing the Green Lease
As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.
Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
The Ninth Circuit Decision in United States v. Stringer
The federal securities laws authorize the SEC to provide the DOJ with evidence of violations of the securities laws. Because the SEC often shares information with the DOJ and the agencies frequently institute parallel enforcement actions, counsel must be vigilant to avoid the potential pitfalls such parallel proceedings may have for their clients.

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