Bankruptcy Rule 2019
August 29, 2007
Bankruptcy court procedural rulings typically go unnoticed. However, this year two bankruptcy court rulings regarding procedural disclosure requirements potentially applicable to investors participating in the bankruptcy process have caused quite a stir. Both rulings related to the scope of disclosure mandated by Bankruptcy Rule 2019, which applies to 'committees' and 'entities' that represent more than one creditor in a bankruptcy case.
Changes to Retiree Health Benefits
August 28, 2007
Changes in accounting rules, spiraling health-care costs, increased competition and changing demographics converge to make it economically infeasible for some employers to continue providing such benefits at the generous levels of years past. Consequently, many companies have been compelled to modify their retiree health plans in ways that reduce or eliminate some benefits or that require retirees to pay more out of pocket. These changes have resulted in an avalanche of litigation.
E-Discovery Rules
August 28, 2007
For employers that have, to date, managed to avoid battles over e-discovery, time is short. Every hour spent preparing for the inevitable discovery dispute before litigation commences will save incalculable angst once litigation starts, and can make the difference between winning or losing important legal battles. This article discusses these emerging realities in light of the Federal Rules' new e-discovery provisions and provides guidance to in-house counsel on how to prepare employers better for their obligations under the rules.
Employment-Based Visa Indecision
August 28, 2007
The government giveth and the government taketh away. Two weeks after announcing that most of the employment-based immigrant visa categories would be current on July 1, 2007, the Department of State ('DOS') reversed its announcement by stating that effective July 2, no visa numbers were available for employment-based immigrant visa categories, and further, would not become available until Oct. 1, 2007 (under fiscal year 2008 numbers).
Federal Contractors and Executive Order 11246
August 28, 2007
This past year has seen a flurry of activity under Executive Order 11246 ('EO 11246'), the law that governs the administration of affirmative action programs of employers that have certain government contracts or subcontracts. In the wake of these new changes, this article offers suggestions of best practices relating to one of the most noteworthy developments for EO 11246 compliance: the 'Internet Applicant' rule, which became effective on Feb. 6, 2006.
Verdicts
July 31, 2007
Recent rulings of interest to you and your practice.
Gender Discrimination Claims After Ledbetter
July 30, 2007
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations.
EEOC Thinking Big
July 30, 2007
Part One of this article discussed the EEOC's plans to implement its new Systemic Discrimination Initiative, describing what the initiative is, why it is important and the first two steps in the implementation: identifying systemic cases early and often, and involving lawyers from the start. The conclusion discusses the next four steps in the EEOC's plans, and what employers can expect.
Wellness Programs
July 30, 2007
The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
