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June 03, 2009 |

Get Active in Preserving, Retrieving ESI

According to attorney Mark. A. Berman, given the publicity engendered by companies sanctioned for failing to preserve or produce relevant electronically stored information, litigators should know clients' document preservation obligations and their protocols in maintaining ESI.
9 minute read
April 20, 2006 |

Employers Brace for Boycotts

Employment attorneys are getting swamped with calls from businesses that are unclear on how to discipline workers who skip or boycott work to attend immigration rallies. Especially nervewracking for employers is a planned May 1 nationwide boycott. David Whitlock, who heads the business immigration practice at Fisher & Phillips, says employers are advised to take a moderate approach and keep in mind that actions against those attending immigration rallies can lead to discrimination claims.
2 minute read
April 07, 2005 |

Employers Confront Workplace Bloggers

Attorneys are bracing for the newest twist in employment law: handling Internet "bloggers" who write about their workplace, or use blogs while at work. About 11 U.S. employees were fired last year for "blog-related" activities � almost double the previous year's total.
4 minute read
October 10, 2005 |

Handling Retaliation Claims

As many employers are now painfully well aware, practically any employee grievance can sow the seeds for a claim of illegal retaliation. The gravamen of a retaliation claim is that the employer has taken some adverse employment action against an individual because he or she opposed illegal discrimination. Attorneys Michael Starr and Adam J. Heft take a look at some recent court decisions regarding retaliation claims.
7 minute read
February 04, 2009 |

GCs warned to prep litigation war chests

Some 200 general counsel and human resource directors packed into a conference room at the National Press Club on Jan. 27 for a horror story.The tale-told chillingly by lawyers from Epstein Becker Green-concerned employees, federal regulation and an expected wave of big-ticket litigation over issues like benefits, equal pay and layoffs.
4 minute read
January 28, 2004 |

Judges Cast Skeptical Eyes on Southern Co. Race Suit

Until this week, one might have thought the 11th Circuit wasn't so interested in a high-profile race discrimination suit against Southern Co.; the court had already taken the rare step of denying two groups' requests to offer views in amicus briefs. But Tuesday a panel subjected the case to an examination nearly three times longer than the norm. At issue was whether a judge abused her discretion when deciding whether plaintiffs met requirements for a class action.
5 minute read
September 07, 2007 |

Desperately Seeking Seniors

No longer is the 60-plus set just taking a pension and slinking off into the sunset. Lawyers are living longer and healthier, and many want to stay professionally active well into their 70s. Law firms are split regarding enforcing mandatory retirement policies. Economics are driving the split, since younger attorneys want to make more money, be the primary client contact or be lead trial counsel. But kicking out profitable partners is "just lunacy," says Cadwalader Chairman Robert Link Jr.
7 minute read
October 31, 2012 |

Hotel Receiverships: What to Keep in Mind to Make Sure the Lights Stay On

Neal Fellenbaum, a partner at Zegen & Fellenbaum, and Andre K. Cizmarik, counsel at Edwards Wildman Palmer, write that managing a troubled business can be a challenge for anyone, but the challenges facing a hotel receiver are exponentially greater because of a hotel's complexity. Management, insurance, labor, vendor and even data breach and liquor license issues are just a few of the issues a hotel receiver will encounter.
11 minute read
March 10, 2008 |

It's not purely a civil matter

Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the act applies uniquely to public companies. But private companies that ignore the act's obstruction-of-justice provisions do so at their peril. Two provisions of the act impose huge criminal penalties for destruction of evidence or obstruction of justice regarding any actual or "contemplated" federal investigation, matter or official proceeding. A company could violate the law before an official government interest arises.
10 minute read
June 29, 2009 |

Labor Law

Understandably preoccupied by other issues, the new administration of President Obama thusfar has proceeded cautiously in changing federal labor and employment laws and policies. p
6 minute read

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