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Employers regrouping post-DOMA

Now that the U.S. Supreme Court has ruled that the federal Defense of Marriage Act’s refusal to recognize state same-sex marriages was unconstitutional, employers are scrambling to figure out how far they have to go in changing their employee benefit ...

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EEOC puts new focus on severance agreements

For most employers, severance agreements are essential tools for ensuring that the end of an employment relationship does not lead to litigation. But a recent lawsuit brought by the Equal Employment Opportunity Commission alleging that an overly broad severance agreement ...

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School can’t enforce mandatory arbitration provision

An employer could not enforce a mandatory arbitration provision included in its handbook to block a lawsuit by an employee who claimed she suffered retaliation after requesting maternity leave under the Family and Medical Leave Act, a U.S. District Court ...

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Evidence of worker’s disability arbitrarily disregarded

A corporate benefits department abused its discretion when it denied a worker’s claim for continued benefits under a long-term disability income plan without addressing substantial evidence that she was disabled, a U.S. District Court judge has ruled. The plan administrator ...

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Confidential investigation advice ‘helpful’ — for now

The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law. But since then, the agency has been informally ...

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Securities fraud complaint against CVS Corp. reinstated

A securities fraud complaint should not have been dismissed, as the allegations by the plaintiff investors were sufficient to show a causal connection between the defendants’ material misrepresentations and a 20 percent drop in share price that followed a chief ...

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Gunn-ing for the BLS

The Massachusetts Superior Court’s Business Litigation Session is about to receive a crash course on federal patent law. The court, created in 2000 to give litigants the opportunity to have complex business disputes handled with special attention outside the traditional ...

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Gimme shelter

To a large degree, an attorney working for one of the largest and most prestigious technology companies in the world must be wired to thrive under pressure. That she would face her most intense situations off the clock, however, surely ...

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To blog or not to blog

Attorneys skeptical of whether writing blogs and newsletters is worth their time had their heads turned at a recent Lawyers Weekly In-House Counsel Breakfast, when one of the panelists revealed that general counsel not only look at such materials, but ...

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