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We found 1,062 results for "Employment Law Strategist"...

The FMLA, Expanded
October 26, 2012
Employees who remain out on leave longer than the FMLA's 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Here's why.
Third Circuit Establishes Joint Employment Test
September 25, 2012
In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.
Supreme Court: Pharmaceutical Sales Reps Are Exempt
September 25, 2012
The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings.
Terminating Employees
September 25, 2012
This article discusses three of the most common errors made by employers, all of which can be easily avoided.
How to De-ICE Your Business
September 25, 2012
The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.
The 'Cat's Paw' Doctrine in the Second Circuit
August 30, 2012
Imputing liability to an employer that relies on input from a biased employee is known as the "cat's paw" theory of liability. Here's how this affects your practice.
Disability-Related Misconduct
August 30, 2012
Part One of this article in last month's issue discussed the definition of disability, disabled-employee miconduct, and discipline. Part Two herein continues the discussion.
Banning Smokers May Harm Your Company's Health
August 30, 2012
The top 10 reasons that employers should think before jumping on the bandwagon to adopt a "smokers need not apply" rule.
Transgender Issues in the Workplace
August 30, 2012
Although no federal statute explicitly prohibits employment discrimination based on gender identity, courts have increasingly held that transgender individuals are protected from discrimination under federal law.
Disability-Related Misconduct
July 26, 2012
One question that many courts have grappled with is whether and to what extent accommodations must be made for a disabled person who engages in misconduct as a result of his or her disability. This article examines the divergent approaches that courts have taken in their resolution of that issue.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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