When a Law Firm Partner Divorces
April 01, 2016
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
The Disparate Impact of Hiring Practices
February 29, 2016
n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
Injured on the Job
February 29, 2016
Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.
Fed. Circuit: Consultant's Pre-Agreement Work Falls Outside Assignment Provision
February 29, 2016
On Feb. 5, 2016, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous decision in <i>TriReme Med., LLC. v. AngioScore, Inc.,</i> holding that AngioScore's consulting agreement had failed to assign inventive contributions made by a consultant before the effective date of the agreement. The decision highlights the need for attentive drafting of agreements with new employees and contractors, especially if they may have engaged in relevant inventive activity before the start of the employment or contractor relationship.
ADA Coverage Still Evolving After 25 Years
February 29, 2016
The ADA) has prohibited discrimination against qualified individuals based on their disabilities across the United States for the last 25 years. It has required employers to implement reasonable accommodations for a qualified individual's disability. A critical question facing employers is what medical conditions qualify as a disability that must be accommodated to comply with federal law.
Does Your Company Employ 50 or More People?
February 29, 2016
Although the Patient Protection and Affordable Care Act (ACA) was enacted nearly six years ago, large employers now must for the first time report to the Internal Revenue Service.
Intellectual Property
February 29, 2016
Courts and negotiators, mediators and arbitrators across our country are grappling with questions surrounding the equitable distribution of intellectual property assets ' including, but not limited to, copyrights and patents. But this area of the law has not yet been fully addressed by case law.
The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
February 29, 2016
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
