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Litigation
Recent rulings of interest to you and your practice.
National Litigation Hotline
National rulings you need to know.
Recent Developments from Around the States
Recent rulings of interest to you and your practice.
Labor Law Update
A rundown of significant recent developments in labor law.
NY High Court Must Clarify Employee Choice Doctrine
A federal appeals court has put a $2.9 million employment lawsuit by a former investment banker on hold until the New York Court of Appeals can answer an undecided question of state law.
Seven Reasons Why Mediating Employment Disputes Is a Good Idea
The explosion of employment claims in this country has resulted in an increased focus on resolving employment disputes prior to trial, in particular through mediation. Unfortunately, businesses and their managers often fail to appreciate why employment matters are particularly well-suited to mediation. This, in turn, discourages parties from participating meaningfully in mediation. The following article examines seven compelling reasons why mediation is such an attractive and viable option for prospective litigants.
National Litigation Hotline
Recent rulings for your review.
Recent Developments from Around the States
National cases of interest to you and your practice.
Whistleblower Case Invokes Employment Rule Exception
Many have noted the unanticipated consequences of Sarbanes Oxley's (SOX) whistleblower protection. One significant question has been how, in light of the statute's remedial nature but its focus on remedying securities fraud, courts should construe its definition of protected activity. In particular, courts (and the Department of Labor administrative law judges who generally hear these cases at the outset) have struggled with SOX's requirement that to be a protected whistleblower, the employee must complain about conduct that he or she 'reasonably believes constitutes a violation of ' any rule or regulation of the [SEC], or any provision of Federal law relating to fraud against shareholders' (<i>see</i> 18 U.S.C. ' 1514A).

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