Retaliation: What is an Adverse Action?
It has become an increasingly common fact pattern: An employer discriminates against an employee, for example, because of her gender. She files a claim of discrimination against the employer with the Equal Employment Opportunity Commission (EEOC). In a matter of days, the employer finds out about her charges and decides to make her work life miserable. This might create a straightforward claim for unlawful retaliation, that is if the employer's actions made her life 'miserable enough.' The question of what is 'miserable enough' has divided the courts, and thus there may not be a clear answer to questions on adverse employment actions for employers or employees.
Safeguarding Confidential Employee Records
Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. <br>This article provides an overview of statutory, constitutional and common law concerns with res-pect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.
Dismantling the 'Great Wall' of Risk
A growing number of lessors exhibiting cautious optimism are slowly, but successfully, knocking down the 'great wall' that separates them from turning lease financing into a mainstream financial product in China. Investing in the Chinese leasing market can be a sound decision for lessors whose customers are asking for leases there; who can effectively manage the risks; and who are equipped to deal with major differences between the United States and China, which include language, culture, and the number and nature of business regulations.
The Importance Of Project Management In e-Discovery
Trial lawyers, especially in civil litigation, have found that challenging the manner in which electronic discovery was handled can lead to favorable rulings and influence the outcome of litigation regardless of the merits of the action.<br>Fortunately, sound project management can identify and minimize such risks before they result in adverse effects.
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COMMENTARY: What Makes a Global Firm?
Recently, Vault.com eliminated its rankings for international firms because, its editors said, the staff couldn't agree on what an 'international law firm' really was. The American Lawyer has similarly struggled with the definition in its rankings. Frankly, we can understand the confusion ' these days, nearly every major firm says it's 'international.' But establishing an overseas office or two, or having a few multinational clients, is far from being truly global. This is especially true in China, where firms want to say they have a presence.
<b>Professional Development University: </b>Invest in Your Future: You Are Worth It
If professional development has not found its way into a lawyer's practice and values, compliance with state CLE requirements is forcing a change. A growing number of states call upon lawyers to report their professional development activities and some states require stress management, substance abuse, or ethics education, as well as learning in a substantive area of law. There are also lessons from the larger firms: professional development is good for business and commonly used to market the firm's expertise.
Kaye Scholer Faces Malpractice Claim From Ex-Computer Associates Worker
A former employee of scandal-plagued software giant Computer Associates, who claims she was fired for cooperating with an internal investigation, may sue the law firm hired by the company to represent her for legal malpractice based on alleged conflicts of interest, a Long Island judge has ruled.
Employee-Benefits Bankruptcy Issues That Law Firms Need to Know
This article provides an update on the protection of an individual retirement account (IRA) from creditors after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). In general, the Act, which took effect on Oct. 17, 2005, expands the bankruptcy protections previously available for a debtor's 'ERISA-qualified' retirement funds.
The New Business Case For Diversity
As a signatory to the Statement of Principal, Wal-Mart actively promotes diversity within its approximately 500 law firms. Following the Statement's approach, we have informed our law firms of the importance of diversity to our business and our desire that the attorneys representing the Company more closely reflect the customers and communities we serve. We have communicated to our firms that we expect them to promote a diverse workplace and have encouraged them to staff our files with more women and minority attorneys. Finally, we have told our firms that we would give significant consideration to a firm's demonstrated diversity commitment when selecting new counsel. <br>Unfortunately, a review of the diversity statistics of our law firms produced disappointing results.
