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Employment claim upheld where transfer was denied

Police car

A federal appeals court has held that repeated denials of transfer requests can constitute an adverse employment action supporting a gender discrimination claim. The employee was a female detective who was highly educated in forensic sciences. During her 14-year tenure ...

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7 ways to improve your business’s security posture

No business is immune to being a victim of a cyber-attack. Although not reported to news outlets, local companies are being breached every single day. Cyber liability insurance costs are doubling, with the smallest policies averaging $10,000 a year. Getting ...

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Hear employees out before disciplinary action

When employee misconduct issues arise, give employees the opportunity to tell their side of the story. Failure to hear an employee out could increase organizational risk. Generally, it’s best to: Conduct a thorough investigation. If you don’t interview the accused, ...

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PPP loan investigations are ongoing

The recent PPP and Bank Fraud Enforcement Harmonization Act of 2022 established a 10-year statute of limitations for the prosecution of fraud by borrowers under the Small Business Administration’s Paycheck Protection Program. The 10-year statute of limitations applies to Economic ...

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FTC considers restrictions on noncompetes

Noncompete agreement

The Federal Trade Commission is considering new regulations to restrict companies’ use of noncompete clauses. Last year, President Joe Biden asked the FTC to consider limiting these clauses. Recently, the FTC has been issuing subpoenas to businesses they believe are ...

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Use of racial epithets moves claims case forward

4th-Circuit-Eagle

The repeated use of a racial epithet by the 6-year-old grandson of the owners of an assisted living facility was sufficient to support a former employee’s hostile work environment claim, a unanimous panel of a federal appeals court has ruled. ...

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How social media has changed the legal playing field

Social media icons

It’s becoming a common story. The rise of social media has created a dramatic expansion of the playing field for both the collection of evidence and its presentation to jurors as well as new issues for judges to grapple with ...

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Flouting of e-discovery orders leads to rare sanction of default

A misappropriation-of-trade-secrets case that generated more meritorious motions to compel and sanctions for failure to produce documents than any in his 37-year career warranted the rare sanction of entering default judgments against the defendants on all the plaintiff’s claims, a ...

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Prepare for withdrawal liability before selling or buying a company

Multiemployer pension plan (MEPP) withdrawal liability often costs millions of dollars, even for small employers. People weighing whether to buy or sell a construction company (or its assets) will want to be aware of any potential withdrawal liability that may ...

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Protecting your company’s data: Special treatment for privileged access

When it comes to data breaches and other cybercrime, advanced attackers often abuse privileged access credentials to get to an organization’s sensitive data, infrastructure and systems. And with an increased number of companies relying on high volumes of data to ...

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