Career Journal: Title Inflation: What's in a Name?
May 28, 2008
Like many organizations, title inflation has befallen law firms. Over the last decade, starting with the move of Executive Directors to Chief Operating Officer titles, most functional managers have seen their titles elevated to the 'C' level. While generally a sign of progress, some new positions can really make you scratch your head.
What to Do When You Get a Business Card
May 28, 2008
As the author says: Don't treat a business card like a scrap of paper. Be intentional about your business development and be meticulous in your record-keeping. By the time you have 4,000 or 5,000 records in your contact list, you'll be sitting on a hilltop of gold." Here's how to do it.
Retaliation Claims.
May 28, 2008
Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. This article contains savvy advice for employers.
Paying Now to Avoid Paying Later
May 28, 2008
Unwary employers, particularly federal contractors or subcontractors, who do not regularly review their own compensation practices, remain at risk for costly litigation. Here's why.
Avoiding State Law Pitfalls
May 28, 2008
Navigating the treacherous waters of federal employment law is not easy. Well-intentioned employers can unknowingly violate some of the more complicated (albeit well-known) laws like the Family & Medical Leave Act and the Americans With Disabilities Act due to a lack of familiarity with the applicable regulations or the case law interpreting them. When an employer has operations in multiple jurisdictions, the analysis becomes even more complex due to circuit splits on pivotal issues.
Reasonable Accommodation of Religion Under Title VII
May 28, 2008
Employers are increasingly faced with the challenge of responding to employee requests to be relieved of work requirements related to religious beliefs and observance. This article provides general background regarding the definition of 'religion' and 'religious belief' in the context of providing a religious accommodation, and an overview of the growing body of case law that deals with the employee's right to seek and the employer's obligation to provide a 'reasonable accommodation.'
Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases
May 27, 2008
In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
Practice Tip: Coordination of Mass Torts in NY State Court
May 27, 2008
Part One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.
'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs
May 27, 2008
When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
