Fifty-one law firms across the country have been targeted by a U.S. senator’s warning that race-based hiring programs pose a greater risk of violating federal civil rights laws in the wake of the U.S. Supreme Court’s recent decision in the ...
Read More »Why AI developers are being sued
Plaintiffs are filing suits against AI developers at a quick pace, arguing that AI really creates nothing new but merely reads and copies billions of other peoples’ protected works from the internet. Using these works, and in reaction to a ...
Read More »Fee award upheld over deleted texts
A defendant who violated the non-competition and non-solicitation obligations in his employment contract could be ordered to pay his former employer more than $100,000 in counsel fees as a sanction for failing to preserve relevant text messages, a federal appeals ...
Read More »7 reasons to embrace a robust records retention program
Employers often ask, why do we need a records retention policy? It’s relatively cheap and easy to store everything electronically, and if you don’t have a retention policy you don’t have to deal with the headache of determining the retention ...
Read More »The challenge of navigating big emotions in the workplace
“Nothing personal; it’s just business.” Otto Berman, an accountant for organized crime in America in the 1920s and 30s, coined that phrase. Regrettably, it has remained in the corporate vernacular for far too long. It’s time we banish that organizational ...
Read More »Speech or conduct? Effects of website designer ruling uncertain
It’s too early to assess the ramifications of the U.S. Supreme Court’s recent ruling that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples, according to some legal experts. “The boundaries of ...
Read More »Retirement comments not direct evidence of age bias
Even though a university dean and provost made comments about a professor’s retirement plans, those comments, without more, were not “direct evidence” of age discrimination. The decision is Palmer v. Liberty University. Plaintiff Eva Palmer sued Liberty University, alleging age ...
Read More »An employer’s guide to compassionate communication with employees
Facing the daunting task of downsizing one’s workforce can be an emotionally challenging experience. It is crucial for leaders to make well-informed decisions while considering the impacts on both departing and remaining employees. Outlined below are five high-level considerations that ...
Read More »Structuring a commercial real estate investment
As a commercial real estate lawyer, I understand that my clients often rely on their financial analysts and their projections, forecasts and assumptions to determine whether to invest in a real estate venture. Whether a lawyer or a nonlawyer, it ...
Read More »Manager fails to show age was reason for termination
Where the record showed an employee’s position was eliminated because of a need to downsize and because he scored the lowest of three sales managers on a decision matrix, a federal trial court in Virgnia concluded that his age discrimination ...
Read More »