Obtaining Royalty Settlement-Talk Documents In Litigation Over Loss of Legal Client
August 25, 2003
In an industry of ever-changing loyalties, it's not unusual for attorneys to be concerned about keeping their entertainment clients. In some instances, lawyers may lose clients to competitors. If one lawyer sues another lawyer over such a loss, a key issue will likely be what correspondence the original lawyer can obtain in the lawsuit against the new lawyer.
Lateral Transfers: 'Adverse Actions'?
August 25, 2003
Retaliation claims are the growth industry of employment discrimination law. According to the U.S. Equal Employment Opportunity Commission (EEOC), the number of reprisal charges filed with the agency has ballooned from under 11,000 in 1992 to more than 22,000 in 2002, rising steadily during that period from 15% to 27% of all EEOC charges.
How to Avoid a 'Runaway Jury'
August 25, 2003
In the wake of several United States Supreme Court decisions, many employers have implemented mandatory arbitration procedures in order to avoid costly federal and state law employment discrimination trials. The idea that arbitration offers a cheaper alternative and avoids the possibility of a 'runaway jury' has considerable appeal for employers who are now subject to a host of employment discrimination and other workplace protection statutes.
Great DNA! You're Hired
August 25, 2003
Advances in genetic science have repeatedly grabbed headlines recently, from cloned calico cats to specially engineered food crops to promises that parents will soon be able to choose the physical characteristics of their future children. With the steady advance of technology and the increasing ease with which genetic material can be collected and analyzed, it is little wonder that some employers are contemplating using genetic testing as part of the employment process.
Anti-Harassment Policy and Training: More Important Than Ever
August 25, 2003
A recent decision by the Supreme Court of New Jersey serves as a powerful reminder to employers that in order to attempt to insulate themselves from liability for harassment claims, an anti-harassment policy must be more than the 'mere words' contained therein. .
BIT PARTS
August 24, 2003
Malpractice Suit to Continue. The New York Supreme Court, Sullivan County, has decided that a legal malpractice suit can proceed against the firm Proskauer Rose. Plunket v. Hart, 185202 (Jan. 24). The malpractice and breach-of-contract action was filed by Andrea Plunket, the administrator of the literary properties of Sir Arthur Conan Doyle, after a Manhattan federal court ordered her to pay $135,521 in attorney fees and costs for bringing what the federal court concluded was an objectively unreasonable copyright and trademark infringement suit against the estate of Doyle's daughter. Proskauer Rose had unsuccessfully argued standing, forum and joinder of parties issues on behalf of Plunket in the federal case.
