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September 13, 2006 |

Former partner sues Holland & Knight

THE END OF JOHN K. WEIR'S CAREER at Holland Knight arrived on his Connecticut doorstep the Saturday morning of Nov. 16, 2002, in an express mail envelope. The enclosed memo from firm General Counsel L. Kinder Cannon stated that Weir, a partner at Holland Knight and its New York predecessor for more than 20 years, was expelled from the firm retroactive to Nov.
7 minute read
May 28, 2003 |

2nd Circuit Interprets 'Supervisor' Broadly

For New York employers, the minefields of employment discrimination just got a bit more treacherous.
5 minute read
May 27, 2003 |

2nd Circuit Decision Interprets 'Supervisor' Broadly

In a little-noticed opinion, the 2nd U.S. Circuit Court of Appeals rejected a bright-line test defining supervisors in the context of a hostile environment claim in favor of a broader, more fact-specific inquiry. By doing so, lawyers say, the court not only increased the odds that an employer could be found liable for harassment, but also threw into confusion the factors that play into that calculus.
5 minute read
Barenboim v. Starbucks Corp.
Publication Date: 2012-12-21
Practice Area:
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Winter, Raggi, and Livingston, C.JJ.
Attorneys:
For plaintiff: For Jeana Barenboim and Jose Ortiz Daniel Maimon Kirschenbaum, Joseph, Herzfeld, Hester & Kirschenbaum LLP, New York, New York, on the brief, Shannon Liss-Riordan Lichten & Liss-Riordan, P.C., Boston, Massachusetts. For Eugene Winans, Michael Bienthcs, Reynolds Mangones, Matthew Taber, and Kristen Tomaino: Paul W. Mollica, Adam T. Klein, on the brief, Lewis M. Steel Outten & Golden LLP, New York, NY.
For defendant: For Defendant-Appellee: Samidh Guha, Gregory W. Knopp, Daniel L. Nash, Nathan J. Oleson, Johanna R. Shargel, on the brief, Rex S. Heinke, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C.
Case number: 10-4912-cv

Cite as: Barenboim v. Starbucks Corp., 10-4912-cv, NYLJ 1202582323913, at *1 (2d Cir., Decided October 23, 2012)Before: Winter, Raggi, and Livingston,

September 01, 2004 |

Big Suits

Influential critics have forced Michael Powell's deregulatory show to take a hiatus. In a two-to-one decision on June 24, judges at the U.S. Court of Appeals for the Third Circuit threw out the controversial media ownership rules that the Federal Communications Commission issued in 2003. The judges agreed with civic groups who argued that the rules created by Powell, the FCC's chairman, impermissibly relaxed protections against the forming of a media oligopoly. The court ordered the FCC to recraft its formu
7 minute read
October 18, 2007 |

Financial Services Hit by Overtime Suits

The financial services industry is facing an onslaught of overtime lawsuits, triggering hefty settlements from Wall Street powerhouses and raising litigation fears within the industry. Management-side attorneys note that the litigation trend has accelerated in the past year, with at least one major company getting hit with an overtime lawsuit every month. But there are indications of another trend developing as well -- companies fighting back.
4 minute read
July 18, 2008 |

Accolades

For success in a federal class action suit on behalf of disabled New York City children, Douglas W. Henkin received the Jill Chaifetz Award for Excellence in Educational Advocacy from Advocates for Children during the organization's annual benefit last month. Also last month, practitioners, law professors and judges deemed "pioneers" of women's rights by the Veteran Feminists of America in the "seminal years of second-wave feminism" were honored, and Professor George W. Johnson III of Brooklyn Law School was honored with a proclamation from the U.S. District Courthouse in Brooklyn citing his 25 years of "outstanding and exemplary service" as head of the Eastern District Civil Litigation Fund.
7 minute read
December 01, 2008 |

Kaye's Approach To Change Cautious And Pragmatic

As Judge Judith S. Kaye begins her last month on the Court, former colleagues, clerks, academics and other observers repeatedly cited the same qualities when assessing the jurisprudence of Judge Kaye in a quarter-century on the Court: even-handed, thorough, well-prepared, consensus-minded and, above all, collegial. "What an extraordinary, unimaginable, unbelievable, incomparable privilege it has been to serve the people, the public, as a judge of this fantastic, great, phenomenal Court of Appeals," she said on Nov. 20, after hearing oral arguments in her last case on the Court.
20 minute read
March 16, 2007 |

Age Bias Suits on the Rise With Older Employees Working Longer

Baby boomers have triggered a new wave of age bias lawsuits, creating a host of legal challenges for employers that may not even be aware that discrimination is going on in the workplace. Employment attorneys say the surge in age bias lawsuits is mainly due to the fact that a large part of the work force is getting older, staying healthier and choosing to work longer. Recent court decisions have given plaintiffs more legal ammunition, and employers -- including some law firms -- are landing in court.
7 minute read

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