Big Investment Banks Win Big in Congress
May 24, 2005
The major investment banks secured a big win with the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005 (the Act). They quietly convinced Congress to remove the strongest limitation in the Bankruptcy Code (' 101(14)) on a Chapter 11 debtor's employment of an investment banker. That prohibition, in effect since the Depression, had essentially prevented the debtor's retention of a banker for any of the debtor's outstanding securities The securities industry called the statutory ban "anti-competitive."
Litigation
April 28, 2005
Recent rulings of importance to you and your practice.
Employment Legislation Update
April 27, 2005
Employers that obtain credit reports or conduct background checks on applicants or current employees must be aware of recent changes to the Fair Credit Reporting Act (FCRA) and amendments made to FCRA by the Fair and Accurate Credit Transactions Act of 2003 (FACTA). FCRA imposes obligations on employers who procure "consumer reports" (defined to include information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics and mode of living) and/or "investigative consumer credit reports" (which include information obtained from personal interviews with neighbors, friends or associates) from a third-party consumer reporting agency for an employment purpose -- including hiring decisions and evaluations of employees for promotion, reassignment or retention. Employers that fail to comply with FCRA's obligations risk civil liability, federal agency action, and possible corresponding state action.
How to Avoid Class Litigation
April 27, 2005
In the past year, large settlements of "pattern or practice" employment discrimination claims against several major companies, and the largest civil rights class action suit in American history against Wal-Mart Stores, have prompted questions about what employers can do to avoid being the next target. This article lists key indicators in determining whether a company is in danger of class litigation.
Ruling May Increase Age Bias Suits
April 27, 2005
Federal courts most likely will see an increase in age discrimination cases with so-called disparate impact claims, but employers will be able defend themselves successfully in many of them as a result of a recent U.S. Supreme Court decision. The High Court on March 30 held that disparate impact claims -- those that allege that a facially neutral policy adversely affects a protected class -- can be brought under the federal Age Discrimination in Employment Act (ADEA). <i>Smith v. City of Jackson<i>, No. 03-1160.
Matrimonial Lawyers Have a New Tool
March 30, 2005
Timely and accurate knowledge of all the relevant facts is essential to successful matrimonial litigation. The proper use of the Internet helps give litigants access to relevant information; the Internet has been recognized by matrimonial attorneys as promoting a variety of goals: identification and substantiation of claims and defenses; discovery of data that permits the parties to evaluate their respective positions better; the simplification and narrowing of issues; and assistance in the conduct of the trial.
Class Action Fairness Act Raises Issues for Employment Litigation
March 29, 2005
In February, President Bush signed his first piece of "tort reform" legislation, the Class Action Fairness Act (the Act), into law. The Act expands federal diversity jurisdiction to encompass most large class actions, including employment law related class actions. One area of employment litigation that the Act may likely impact is in the wage and hour class action context where, as discussed below, litigants file wage and hour class actions in state court while also pursuing Fair Labor Standards Act (FLSA) collective actions in federal court.
