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Even Non-Union Employees Have Rights Under the NLRA
April 28, 2008
Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.
The Employment Discrimination Class Action Is Alive and Well
April 28, 2008
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought.
A New Avenue for Retaliatory Discharge Claims
April 28, 2008
As courts across the country continue to visit the issue of employment-at-will, the results show states continuing to chip away at the once mighty doctrine. Here's a look at one such case in Tennessee.
Background Checks: Handle with Care!
April 28, 2008
Many employers routinely conduct background checks on applicants and employees to verify their prior employment history. Oftentimes, an outside service is used to obtain the critical information and then provide a brief analysis as to its significance. However, as demonstrated in a decision from the Maryland Court of Special Appeals, both the employer and outside contractor can be sued for defamation ...
LAW FIRM MERGERS - THE ROLLOUT
April 25, 2008
LAW FIRM MERGERS - THE ROLLOUT is the final chapter in maximizing the input of marketing leadership. Tell your business targets what they actually need and want to hear. Don't wait until after the merger to think about the similarities and differences in the marketing cultures of the two firms. They are as potentially decisive to business development as your respective financials are to the individual partners.…
Fear and Loathing in Preservation
April 25, 2008
Most in-house counsel know the types of inquiries that should trigger evidence preservation or collection protocols. Once there is reason to believe there will be litigation or investigation, the duty to preserve kicks in immediately. But what's next?
Spring-Loading Options
April 25, 2008
Delaware courts are beginning to analyze claims concerning the controversial practice of spring-loading options. Spring-loading is the granting of options just prior to the release of favorable company information (in the company's possession at the time of the grant). The options are granted at a market price on the day of the grant. They are said to be 'spring-loaded' because upon release of the favorable news, the stock price is expected to rise and the options would then become 'in-the-money.'
Parent Corporations and Their Subsidiaries' Liabilities: Guidelines
April 25, 2008
There are many reasons to insulate parent and sibling entities from known exposure to which a particular subsidiary is subject. These include, in addition to the tort and federal regulations at issue in the <i>Forsythe</i> and <i>Bestfoods</i> cases, mentioned herein, vulnerability to the taxes, regulation and jurisdiction of a state or foreign nation. Protecting against such vulnerabilities are an important task for corporate counsel. This article explains.
How to Manage Your Litigation Costs
April 25, 2008
This is the first in a series of articles discussing how in-house counsel can better manage litigation matters.
Employee Reassignments Under the ADA
April 25, 2008
The United States Supreme Court was poised this term to decide an important issue arising under the Americans With Disabilities Act ('ADA') that has vexed employers for years. At issue was whether the ADA requires employers to reassign an employee who, due to a disability, can no longer perform the essential functions of his position, to a vacant, equivalent position for which he is qualified or whether the disabled employer must merely permit the employee to compete for such a position with other applicants. Unfortunately, the case of <i>Huber v. Wal-Mart Stores, Inc.</i> settled after the Supreme Court had granted certiorari to decide this issue, leaving an existing split among the circuits.

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