Are recovered alcoholics protected by the ADA? Can an employer discharge an alcoholic who requests a leave of absence to attend a treatment program? Does a history of alcohol abuse affect a “major life activity” under the ADA? These are ...
Read More »Rhode Island Securities Law Specialist Discusses ‘Flurry’ Of Changes
In-house lawyer Michael D. Cahn, a securities law specialist, says he has never in his career seen the flurry of changes in securities law that has occurred over the past couple of years.
Read More »Tips On Finding The Right 'Fit' For The Legal Department
Who is the best person for the job? Making this decision plagues hiring managers daily. Some people say it’s the candidate with the most experience, while others say it’s the candidate with the best education. However, there are other important ...
Read More »Case Law For In-House Counsel
Below are summaries of important opinions affecting in-house attorneys issued by the U.S. Supreme Court, 1st and 2nd Circuits and Delaware Court of Chancery from late October 2003 through early January 2004. U.S. Supreme Court Antitrust Local Phone Company Customers ...
Read More »Privacy Of Employee Medical Records: A Primer
Employers continue to struggle with issues related to the privacy of employee medical records. Although the new federal privacy rule (Privacy Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not regulate businesses in their capacity ...
Read More »Avoiding Costly Mistakes: Employers Should Routinely Double-Check References And Resumes
The practice of recruiting, and actually hiring, the most qualified candidate for a job should be one that is painstakingly undertaken by employers. When interviewing candidates, employers should pay particular attention to objective criteria such as previous work history, education ...
Read More »Brand Protection: Going Global Via Madrid Protocol International Treaty Promises To Streamline Foreign Registration Of Trademarks
The Madrid Protocol. It sounds like a spy novel, but it is actually an international treaty that facilitates trademark protection in most of the world’s major economies. As of Nov. 2, 2003, the United States became one of some 60 ...
Read More »Aggressive Investigations Can Head Off Many Potential 'Third Wave' Asbestos Claims
Despite two U.S. Supreme Court opinions urging Congress to do something about it and despite unprecedented efforts to fashion a legislative solution in the 108th Congress, the asbestos personal injury litigation grinds on. The litigation has driven more than 70 ...
Read More »Spanish Holding Company Emerging As Useful International Tax Planning Tool
When companies hold or plan to hold interests in subsidiaries resident in foreign jurisdictions, appropriate international tax planning is a must. Though some might argue that going abroad can give more than one headache to the client and its counselors, ...
Read More »Enforcing Records Retention Policies Poses Challenge To In-House Counsel
While most in-house counsel know it's now imperative to develop a records retention policy to handle government investigations of alleged corporate wrongdoing and to prevent damaging electronic evidence seeping out in discovery, the really hard part is enforcing the policy so it actually works.
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