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June issue in PDF format
June issue in PDF format
Recent Developments from Around the States
National cases of importance to your practice.
National Litigation Hotline
Recent cases for your review.
OK to Favor Older Employees over Younger Ones?
On Feb. 24, 2004, the U.S. Supreme Court issued an important decision concerning whether the Age Discrimination in Employment Act (ADEA) prohibits employers from engaging in "reverse discrimination" by favoring older workers over younger workers. In <i>General Dynamics Land Systems, Inc. v. Cline</i>, the Supreme Court held that the ADEA does not prohibit employers from favoring older employers over younger ones. Because this decision resolves a conflict in various federal circuit courts of appeal, the Supreme Court's opinion eliminates any uncertainty concerning this issue at the federal level.
Harassment Action Dismissed on Foreign Sovereign Immunity Grounds
A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 <i>et seq.</i>, in a discrimination case filed against foreign governments and their agencies and instrumentalities.
Protecting a Company's 'Crown Jewels' Through Employee Departure Plans
Employees leave their current employers every day, presumably to pursue new and brighter career opportunities. This is especially true today, as the economy seems to be picking up pace and employers find themselves needing to expand their workforces. Inevitably, some employees will go to work for competitors of their former employers. While employees have the right to seek new and better jobs, the law is equally clear that they may not do so at the expense of their former employer's business interests.
In The Courts
National cases of interest to your practice.
Does 'Cooperation' Obscure the Truth?
Nowadays more than ever, accusations of business crime must be put to the test, since the stakes in this post-Enron era are at an all-time high for an accused company's survival and its executives' personal liberty and reputation. The way we test allegations in Anglo-American law is through the adversary system. Yet, just when it's needed the most, the adversary system is increasingly sidelined. For the public company, adversarialism may no longer be an option at all.
How to Make the SEC Disgorge Exculpatory Evidence
In the post-Enron world, the SEC is ratcheting-up the stakes in many of its cases. With millions of dollars in increased funding and hundreds of additional staff, it is bringing more cases, seeking harsher penalties, and generally litigating more aggressively. If recent press releases are indicative, it is also increasingly coordinating its civil enforcement activities with criminal investigations by the Department of Justice. As one SEC district administrator stated in a recent newspaper interview: "People are looking for heads. And we're going after them."

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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