The recent jump in the number of federal discrimination charges filed with the Equal Employment Opportunity Commission in the last fiscal year – the largest annual increase since the early 1990s – has employment lawyers urging companies to take a ...
Read More »‘Malingering’ test facing court challenges
A controversial test that is supposed to detect “malingering” is gaining popularity among defense experts in personal injury, workers’ compensation and other cases. The “Fake Bad Scale” is being offered by medical experts as evidence that plaintiffs are fabricating or ...
Read More »Flex-time gaining traction in legal profession
Patricia Mundy, 35, an associate in Sullivan & Worcester’s Boston office, works a reduced schedule that includes one day a week at home, and Fridays off. “It’s about as good as it gets,” said Mundy, who works in the firm’s ...
Read More »Commute time not compensable under FLSA
Requiring employees to carry work documents with them while commuting does not mean they have to be compensated for that time under the Fair Labor Standards Act, the 2nd Circuit recently ruled. A group of New York City fire alarm ...
Read More »Debate intensifies over binding arbitration bill
Advocates and opponents of a bill seeking to ban mandatory binding arbitration clauses in most contracts – bolstered by recent studies they say prove their positions – are amplifying their calls on Congress to act in favor or against the ...
Read More »New non-profit tax forms give IRS more info
The Internal Revenue Service in April released new draft instructions for its recently-revamped Form 990 for non-profit organizations – and its looking for a lot more information about the inner workings of non-profits. While the original form contained nine pages ...
Read More »New patent rules in serious jeopardy
A federal trial judge in Virginia recently stymied the U.S. Patent and Trademark Office from revamping the way it administers the U.S. patent system.
Read More »Assess early the ‘background noises’ that can bias a jury pool
Conducting juror perception research near the beginning of the litigation lifecycle can help corporate defendants develop an appropriate strategy that addresses and perhaps eliminates obstacles created by jurors’ perceptions that may stand in the way of a favorable outcome at trial.
Read More »Often overlooked questions to ask when retaining outside litigation counsel
Even though companies are increasingly facing high-stakes commercial or securities-related litigation arising out of the subprime crisis or the down economy, in-house counsel are showing a tendency to omit or refrain from asking important questions, or setting key parameters, in ...
Read More »E-discovery and the litigation hold
Electronic discovery has become a major component in the litigator’s tool bag. Subject to new court rules and intense court scrutiny, e-discovery is fraught with issues, problems and risks and is quite time-consuming and expensive. As reported in New England ...
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