How Much Is Enough?
April 27, 2007
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 Physical Strength Testing
April 27, 2007
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.
News Briefs
April 27, 2007
Highlights of the latest franchising news from around the country.
Consultant Compatibility Quiz
April 27, 2007
In this article, we offer the nitty-gritty for attorneys and others involved in e-discovery and other legal technology projects.
Court Watch
April 27, 2007
Highlights of the latest franchising cases from around the country.
Success Is in the Upfront Details
April 27, 2007
The goal for any e-discovery project is to manage data successfully throughout the process and eliminate any surprises. In the world of electronic discovery, what does this mean? It means that litigation-support professionals, or others in charge of the day-to-day process, must be facilitators to ensure that good, clear documentation is created up front.
Competition Law and Distribution in East Asia
April 27, 2007
While franchise lawyers, both domestically and in foreign jurisdictions, tend to focus their primary attention on matters of importance that are specific to franchise relationships, most are keenly aware that franchising is essentially just a form of distribution. Therefore, laws and regulations of broader impact can often be of critical importance. While distribution systems may often escape the applicability of franchise laws, franchise relationships nevertheless often have to deal with those affecting distribution generally.
Associations Seek Role in Accounting Standard Reinterpretation
April 27, 2007
In a recent development in the ongoing reinterpretation of the accounting standard for commercial leases by the International Accounting Standards Board ('IASB') and the Financial Accounting Standards Board ('FASB'), The Equipment Leasing and Finance Association ('ELFA') has announced that six equipment finance representative associations from around the world have signed a joint communication seeking to have them play an instrumental and constructive role in the process. The joint communication by the ELFA, the UK Finance and Leasing Association, Leaseurope, the British Vehicle Rental and Leasing Association, the Australian Finance Conference, and the Canadian Finance & Leasing Association set forth 11 key principles that should be addressed as the IASB and FASB proceed with deliberations toward a single, efficient global leasing standard.
