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Business Not As Usual
The majority of employers know that employment discrimination based on gender is illegal. Many employers, however, are unaware that discrimination based on stereotypical views of women as 'mothers' and men as 'fathers' may also be actionable. Although caregivers are not a protected class under federal anti-discrimination statutes, courts are recognizing with increased frequency that inappropriate considerations and decisions about 'caregivers' might constitute unlawful treatment under various federal laws including Title VII of the Civil Rights Act ('Title VII'), the Americans with Disabilities Act ('ADA'), the Family and Medical Leave Act ('FMLA'), and state and local laws.
This two-part article explores the dramatic increase in cases alleging caregiver discrimination, the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves given the explosion of family responsibility discrimination ('FRD') cases and the open issues that could further impact the number of FRD filings.
Family Responsibility Discrimination
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?