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By Bradford Harvey
These agreements require employees to bring any claim in arbitration, rather than court, and preclude class, collective or other group actions in any forum.
By Douglas Johnson
The copyright laws are designed to protect original works of authorship.
By Kathryn Edge
On August 28, 2009, the FDIC issued new supervisory guidance advising the banking industry that the agency is extending the de novo period from three (3) to seven (7) years.
By Daniel Gilmore, Ian Leavy
On September 17, 2008, Congress approved the ADA Amendments Act of 2008 (the "Act") which significantly amends the Americans with Disabilities Act (the "ADA").
By Kevin Baltz
Depositions of In-House Counsel'sMaintaining and Protecting Evidentiary Privileges When referring to a party's attempt to depose an opposing lawyer, the United States District Court for the Western District of Missouri stated that a party shouldn't be able to use a deposition to sucker-punch the other side's quarterback or listen in on the other side's huddle.
The Application of Conflict of Laws to Evidentiary Privileges A complicated yet important issue that may arise in cases involving corporate evidentiary privileges is the choice of law (also referred to as conflict of laws) that will be applied by courts in resolving a dispute when a privilege claim arises.
By Camille Webb Steward, Daniel Gilmore
The Sixth Circuit recently held in Petty v. Metro. Gov't of Nashville-Davidson County, Case No. 07-5649, that a plaintiff seeking reemployment under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") is not required to make a showing of discrimination in order to sustain a reemployment claim.
By Kelly Weston
President Bush has signed an Executive Order requiring all federal contractors, as a condition of all future federal contracts, to agree to use an electronic employment eligibility verification system.
By Colette Koby
A Court of Appeal in the State of California reviewed and affirmed the decision of the Superior Court in Lisa Steele v. Youthful Offender Parole Board, 2008 WL 2043197(Cal.)
By Thomas Cox, Jr. Esq, Tamika Nordstrom Esq
It's Monday morning and you start your day as you have for the past ten years as the attorney for your Georgia county government.
By Tara Ferguson, Colette Koby
California's long-standing prohibition of non-compete agreements was recently reaffirmed by the Supreme Court in Edwards v. Arthur Anderson LLP, Case No. S147190. The decision was a much-anticipated ruling on the Ninth Circuit's limited or "narrow-restraint" exception, which "only makes illegal those restraints which preclude one from engaging in a lawful profession, trade, or business."
By Daniel Gilmore, Shomari Dailey
Last Monday, in the case of Engquist v. Oregon, the United States Supreme Court declined to extend the protections of the Constitution's Equal Protection Clause to claims by public employees whose allegations are not based upon their membership in a recognized protected class.
By Daniel Gilmore
The United States Supreme Court issued a decision Tuesday in CBOCS West, Inc. v. Humphries which holds that Section 1981 of the Civil Rights Act of 1866 unequivocally provides for claims of retaliation to be brought by individuals claiming race and color discrimination.
By John Phillips Jr
“Unlike last year's Nonsmoker Protection Act, there were no major headline grabbers in the employment legislation that was passed by the Tennessee General Assembly this session. However, the legislature did consider several bills affecting Tennessee employers. The following is a summary of the more significant bills enacted into law."
By T. Harold Pinkley, Charlnette Richard
Businesses dislike litigation. There are a number of reasons for this, such as cost, risk of loss, and disruption of normal business operations.