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Author Archives: Kimberly Atkins

New SEC rule curtails shareholder proxy access

With the 2008 proxy season approaching, companies and their shareholders are keeping a close watch on how a new rule on proxy access adopted by the Securities and Exchange Commission will play out.

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Justices slam EEOC practices in discrimination ‘charge’ case

During a recent oral argument over whether an “intake questionnaire” submitted to the Equal Employment Opportunity Commission constitutes a “charge” of discrimination, justices of the U.S. Supreme Court blasted the agency for inconsistent practices that seem to leave both employers ...

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Admissibility of ‘me too’ evidence in employment cases considered

The U. S. Supreme Court will soon decide whether an employee suing for alleged age discrimination can introduce evidence of discriminatory conduct by company managers who supervised other employees, but not the plaintiff. The case, Sprint/United Management Co. v. Mendelsohn, ...

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High court weighs FDA preemption

The U.S. Supreme Court will weigh in on an issue that Congress, pharmaceutical companies and plaintiffs’ lawyers have been watching closely: Whether the approval of a medical device by the Food and Drug Administration precludes state tort claims arising from ...

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High court could expand securities liability

WASHINGTON – It is rare that a securities liability case, even one before the U.S. Supreme Court, captures such widespread attention that every seat in the court’s press alcove is filled. But that was the case when the court heard ...

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Pollution decisions a mixed bag

Armed with two U.S. Supreme Court decisions delivered in April, environmental attorneys have asked courts across America to force utility companies and automakers to tighten pollution controls. But decisions in lower courts since the landmark rulings have offered a mixed ...

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Preemption on the front burner in D.C.

The issue of federal preemption of state claims is a hot-button topic in the nation’s capitol. As the U.S. Supreme Court prepares to take on the question in several cases this term, lawmakers recently held a hearing on whether federal ...

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‘Clicking’ time bomb

As convenient and efficient as e-mail is, for employers it can also be a “clicking” time bomb exposing them to security problems and potential liability, as well as costly and time-consuming system searches.

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