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October 02, 2007 |

Pact Reduced Lawsuits Over Exiting Brokers, but Will Reduction Last?

A three-year-old pact among brokerage houses that outlines what customer information brokers can take when moving to another employer has cut employment litigation among brokerage shops. One attorney says that the pact has helped litigation among member firms dwindle from hundreds of cases a year to a handful. But some say the rules are too general, and there are signs of a possible resurgence in litigation, including lawsuits that have been brought against brokers by Smith Barney and A.G. Edwards.
3 minute read
July 23, 2012 |

Car talk

Profile of George Villasana, general counsel to Asbury Automotive Group Inc.
5 minute read
July 20, 2010 |

Big M Inc. v. Texas Roadhouse Holding, L.L.C.

Tips and gratuities paid in cash directly to the employee or charged to a credit card and paid contemporaneously to the employee are not subject to garnishment.
5 minute read
August 10, 2006 |

New York Court of Appeals Roundup

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, analyze recent headline-spawning cases and look at the future of the bench as the term of Judge George Bundy Smith comes to a close.
12 minute read
March 14, 2007 |

Employee Free Choice Act to Overhaul NLRA

The Employee Free Choice Act is set to amend significant portions of the National Labor Relations Act. The provision generating the most controversy virtually eliminates employee secret-ballot elections in favor of automatic NLRB certification of a union upon the presentation of a majority of signed authorization cards solicited by the union. Attorney James M. Walters describes the history of the laws regulating union organizing and argues against the demise of the secret-ballot election.
9 minute read
April 06, 2006 |

SOX Whistleblower Claims and Private Companies

Many clients, and not a few lawyers, may assume that the Sarbanes-Oxley Act applies only to publicly traded companies in all circumstances. But those who work for or on behalf of private companies may want to take a close look at the language of the whistleblower provisions. They bar retaliation not only by public companies, but also by their "officers, employees, contractors, sub-contractors, or agents," which some courts have found can include private companies. The issue remains unresolved.
8 minute read
December 07, 2009 |

Continuous-Trigger Theory Rejected in LAD Wage Discrimination Claims

The state Appellate Division holds that plaintiffs suing for wage discrimination in New Jersey cannot rely on the "continuous trigger" theory, by which each paycheck starts the statute of limitations running anew.
4 minute read
December 24, 2012 |

The year in quotes: Predictions for the high court

Experts speculate about how the justices will rule on major cases in the new year.
4 minute read
December 01, 2005 |

PoGo Continues Shopping Spree and Hires Two Key Partners

This year Powell Goldstein has lured 14 new partners, counsel and of counsel to its Atlanta office, as well as seven lateral associates -- and four or five more partners are expected to be added this month to the Atlanta and Washington offices. The firm retrenched and thinned its ranks at the start of this year, but is now focusing on "bringing people in who can have an impact," says managing partner James J. McAlpin Jr.
4 minute read
June 14, 2007 |

Lawyers: Sacking Falcons QB Vick Would Be Legal, but Costly

The Atlanta Falcons could fire quarterback Michael Vick, who owns a house that has been the subject of a probe into illegal dogfighting, and face few negative legal consequences, according to three labor and employment lawyers. And attorney Michael J. Florio says the chance of a successful grievance is low thanks to a new player-conduct policy. But the team would suffer under the salary cap system, because Vick's remaining salary would cut into the total funds the Falcons could offer to other players.
6 minute read

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