Employers Can Decline Qualifying Leave Under the FMLA
September 02, 2014
Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to "balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers." 29 U.S.C. ' 2601.
Vendors, Keep Your Promises
September 02, 2014
A recent decision by the Minnesota Supreme Court addressed the enforceability of a provision commonly found in vendor program agreements ' that a transaction presented by the vendor to the lessor/financier is valid and enforceable.
<i>Professional Development</i>: Training Effectiveness
September 02, 2014
The best training programs produce desired behavior change in lawyers. If they were not comfortable with asking for new work before, now they are. If they never created a business development plan and followed it, now most of them will.
Collecting Social Security Numbers
September 02, 2014
This article suggests a framework for ensuring compliance with the majority (albeit not all) of the applicable state laws and avoiding the financial, legal and reputational damage that can occur when SSNs are improperly collected, used or disclosed.
Proof and Defense of Causation in Failure-to-Warn Claims
September 02, 2014
In litigating failure-to-warn claims, the focus often is on duty (whether the manufacturer should have included a warning) and adequacy issues. In most cases, there is little attention paid to proof that the lack of a warning, or an inadequate warning, caused the accident. This article focuses on strategies for proving and defending the causation element of failure-to-warn.
Privacy Ruling Reverberates in Case Against Facebook
September 02, 2014
Plaintiffs suing Facebook over its alleged practice of scanning direct messages are invoking a recent ruling from U.S. District Judge Lucy Koh clearing the way for a similar case against Yahoo Inc.
Unfinished Business Claims
September 02, 2014
This two-part article describes recent developments with respect to unfinished business claims, discusses the implications that those cases may have on law firm partnerships, and provides some suggestions as to what law firms may do to avoid unfinished business claim litigation.
Obstruction of (Contemplated) Justice
September 02, 2014
Obstruction of justice is seeing increased use, and could prove to be a powerful tool in the federal prosecutor's toolbox. Reflective of its growing attention, as discussed further below, it is the subject of a pending U.S. Supreme Court case that will examine just how broadly this statute may reach.
