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May 30, 2008 |

The A-List (51-200)

Lawyers like to lament the passing of their fabled past, when partners knew each other on sight, firms contented themselves to operating in one ZIP code and junior associates were not a menacing anonymous horde threatening to take out their frustrations via the blogosphere. As it happens, in the big-firm world those days aren't gone, they've just moved to the Am Law Second Hundred ranks, where firms are prosperous and growing steadily but retain the possibility of old-fashioned cohesion.
28 minute read
June 02, 2003 |

In this action under the Law Against Discrimination, where defendants had asserted laches as an affirmative defense but at trial relied on the statute of limitations, even if defendants abandoned the equitable defense of laches, they are still focusing on the 15-year period between the first discriminatory incident and the filing of the officer's complaint in arguing that there was an unreasonable delay, which has already been rejected in connection with the statute-of-limitations issue; additionally, th
5 minute read
March 07, 2007 |

On Call 24/7

Or so it may seem when employees use wireless devices. But the constant connection to work could lead to dissatisfaction ... and lawsuits.
10 minute read
April 19, 2004 |

Llerena v. J.B. Hanauer & Co. et al.

Where plaintiff filed a sexual-harassment complaint against her employer, and she seeks disclosure of a confidential settlement of another sexual-harassment complaint between her employer and another employee, plaintiff's interest in being free from unlawful discrimination in the workplace, coupled with the public's interest in the eradication of discrimination, outweighs defendant's interest in maintaining the confidentiality of the settlement.
4 minute read
August 29, 2005 |

Daiichi Pharmaceutical Co., Ltd. v. Apotex, Inc.

As used in the claims of the patent for "a topical preparation for treating otopathy," the term "otopathy" means "bacterial ear infection," the term "effective to treat" means "safe and efficacious to treat," and the term "intratympanically injected through a puncture of the tympanic membrane" means "introduced into the middle ear with an instrument such as a syringe."
9 minute read
August 27, 1999 |

Fired Gordon Altman Partners Win Round

Two partners forced out of New York's Gordon Altman Butowsky Weitzen Shalov & Wein last month won a small victory last week in Manhattan Supreme Court, allowing them to stay in their offices two months longer than the firm wanted.
9 minute read
January 25, 2010 |

Tracking Enhanced Earnings Awards

While the Legislature has not yet heeded calls to abolish enhanced earnings as a marital asset subject to equitable distribution, it appears that the respective Appellate Divisions are now making significant efforts to limit such enhanced earning capacity awards, particularly where there are limited actual contributions to the attainment of the EEC by the non-titled spouse.
7 minute read
June 04, 2013 |

Court Curbs Class Action In Gender Bias Case

In an employment discrimination decision significant to employers seeking to avoid class actions in court, the U.S. Court of Appeals for the Second Circuit has ruled that an arbitration clause in an employment contract precluded one of the three plaintiffs in a gender discrimination class action from proceeding in federal court and required her to arbitrate her claim privately.
5 minute read
July 24, 2013 |

Employment Law: Court Decisions Focus On Harassment, Retaliation

In two 5-4 decisions under Title VII of the Civil Rights Act of 1964, the U.S. Supreme Court has defined new standards for who qualifies as a "supervisor" in employment workplace harassment cases, thereby changing the standard now applied in the Second Circuit.
10 minute read
January 21, 2010 |

State v. Bieniek

The trial judge properly considered the mitigating factors propounded by the defense and adhered to the sentencing principles in the Code of Criminal Justice and case law; the sentence imposed is reinstated.
5 minute read

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