A young, dynamic partner is rapidly building a practice. She is active, visible, and well connected in the market. She aggressively pursues business opportunities. She is known for her keen intellect, is highly respected, and her work is first rate. Clients regularly comment on her ability to seamlessly blend pragmatic legal and business advice that advances their agendas in very positive ways. Other firms have periodically made runs at her beginning around her mid- to-senior associate years, but she began her career here and feels much attached to the firm.
The Supreme Court's decision in <i>Burlington Northern & Santa Fe Railway Co. v. White</i> resolved a split in the Circuits when it held that a so-called ultimate employment decision is not necessary to establish a retaliation claim. Instead, the Court held that any act that might dissuade a reasonable employee from making or supporting a claim of discrimination can create employer liability for retaliation under Title VII of the Civil Rights Act of 1964. After the decision, many commentators have expressed concern that the new standard will open the floodgates for a wave of new retaliation lawsuits, but what has Burlington Northern really changed, and what does the new framework mean for employers?
In employment class actions in federal court, such as class actions under Title VII for which Federal Rule of Civil Procedure 23 provides the governing procedure, the most critical juncture in the case is often the plaintiffs' motion for class certification. That motion requires the court to evaluate whether the plaintiffs have met the Rule 23 requirements and may proceed as a class; denial of the motion generally deals a devastating blow to plaintiffs' claims. In a new ruling that employers can use to support their bids to defeat plaintiffs' motions for class certification under Rule 23, the Second Circuit recently clarified ' and strengthened ' the standard under which district courts should determine plaintiffs' satisfaction of Rule 23's requirements.
Pre-employment testing has always been risky business, but a recent high-dollar jury verdict has sharpened the focus on such testing. In the latter months of 2006, the Eighth U.S. Circuit Court of Appeals considered and affirmed a $3.4 million verdict in favor of the Equal Employment Opportunity Commission (EEOC) in a case involving an employer's efforts to reduce workplace injuries through pre-employment testing.
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
In this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.
The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.
Due to the high volume of electronically stored information, document review and production is often the most expensive part of the discovery process. In an effort to lower the costs of litigation discovery, Squire Sanders invested in an assessment of next-generation intelligent discovery tools and processes.
Questions of Fact About Whether Tenant Exercised Renewal Option
Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work
Questions of Fact About Landlord Fraud
Additional Security Deposit Constitutes Source of Income Discrimination
