Justices' Silence on Marriage Rights Speaks Volumes
November 02, 2014
By declining on Oct. 6 to take up any of the same-sex marriage cases pending before it, the U.S. Supreme Court defied the conventional wisdom that it finally would resolve the debate over the constitutionality of state bans on those marriages.
NJ & CT News
November 02, 2014
News from neighboring states.
Federal Courts Are Policing Their Borders In Declaratory Actions
November 02, 2014
Either diversity jurisdiction or federal question jurisdiction must exist to pursue a declaratory judgment action in federal court, and courts increasingly are questioning jurisdiction and dismissing declaratory actions on their own initiative.
EEOC Issues New Guidance on Pregnancy
November 02, 2014
The Equal Employment Opportunity Commission, which has made discrimination against pregnant workers a focal point of its enforcement priorities over the past few years, ratcheted up its pressure on employers by publishing a new "Enforcement Guidance on Pregnancy Discrimination and Related Issues."
Spinning Off an Underperforming Division
November 02, 2014
Spin-offs have become a common way for corporations to address underperforming assets. However, if the newly spun-off company runs into financial difficulties, it can be, and often is, second-guessed by creditors and lawsuits can follow.
Employee Noncompete Agreements
November 02, 2014
Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.
Law Firm CMOs
November 02, 2014
Much of the staff alignment in an organizational chart is predicated on the particular styles, strengths, and weaknesses of its leadership, not on some universally accepted top-down box managerial arrangement. Despite this, the author feels increasingly compelled to endorse alignment of the CMO/CBDO with the COO, not the Managing Partner.
Practice Tip: Use TACT
November 02, 2014
Much to the chagrin of class action litigation proponents, the expansive reach of mandatory arbitration has gained a strong foothold in recent years, due to the overwhelmingly pro-arbitration precedent established by the Supreme Court in its <I>Concepcion</I> and <I>Italian Colors</I> decisions, which express a clear federal policy in favor of enforcing class action waivers contained in arbitration agreements.
