ADA Coverage Still Evolving After 25 Years
February 29, 2016
The ADA) has prohibited discrimination against qualified individuals based on their disabilities across the United States for the last 25 years. It has required employers to implement reasonable accommodations for a qualified individual's disability. A critical question facing employers is what medical conditions qualify as a disability that must be accommodated to comply with federal law.
Top Security Intrusion Trends the Legal Community Should Watch
February 29, 2016
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters that include privacy compliance, contract compliance, data breach response, data breach litigation, M&A due diligence, and insurance coverage. As a result, it is important that lawyers understand the latest trends in cyber intrusions that may expose their stakeholders to unwarranted risk and allow adversaries to exploit technical and human vulnerabilities.
<b><i>In the Spotlight:</i></b> How to Protect Against a Lawsuit By the Beneficiary of an Exclusive
February 29, 2016
One of the most surprising things about the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers is that Winn-Dixie elected to pursue remedies against the dollar stores rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
Bit Parts
February 29, 2016
Determining the Statute of Limitations for Common Law Copyright Infringement Claims<br>Continuous Accrual Doctrine Applied To Songwriter Heirs' Royalty Suit over Disney's Movie
Park Doctrine Prosecutions of Corporate Officers Continues: Stay Alert!
February 29, 2016
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
Cost Recovery in 2016
February 29, 2016
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
The Disparate Impact of Hiring Practices
February 29, 2016
n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
ELFA Schedule
February 29, 2016
The Equipment Leasing and Finance Association has released its 2016 calendar of events.
Fed. Ct. Upholds Philharmonic's Firing of Musician
February 29, 2016
The Buffalo Philharmonic Orchestra (BPO) had little choice but to fire its principal oboist for his repeated clashes with the symphony's conductor, other musicians and staff, the U.S. District Court for the Western District of New York found in upholding the "fair and just" findings of an arbitrator.
