Must the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims be heard by the Federal Circuit, or do the federal district courts have jurisdiction? Kloeckner v. Solis, No. 11-184.Certiorari granted:  Jan. ...

Tagged with: Feb. 29 2012 issue

The First Amendment bars a disability discrimination suit brought by a teacher who was fired by a religious school. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553.  Jan. 11, 2012. Lawyers USA No. 993-3481.

Tagged with: Feb. 29 2012 issue

Of the more than 460 cases heard by the U.S. Supreme Court during the first six terms of the Roberts court (2005-2010), 13 were heard on direct review from the 1st U.S. Circuit Court of Appeals. When one takes into ...

Tagged with: Feb. 29 2012 issue

As we approach the proxy season, the SEC landscape has changed significantly. We have one year of “say-on-pay” under our belts; private ordering of shareholder proxy nominations (see my January column); and a flurry of SEC guidance, including compensation, risk, ...

Tagged with: Feb. 29 2012 issue

The deadline for compliance with a key requirement of the Massachusetts Data Security Regulations is here. By March 1, contracts must require that certain service providers implement and maintain appropriate security measures to protect personal information.

Tagged with: Feb. 29 2012 issue

For any inside counsel charged with protecting a company’s intellectual property assets, it is surely frustrating that, in recent years, it has become more difficult to stop patent infringers in their tracks.

Tagged with: Feb. 29 2012 issue

A provision in the Sarbanes-Oxley Act protecting whistleblowers from retaliation does not extend to employees of private companies that act under contract as advisers to, and managers of, mutual funds, the 1st U.S. Circuit Court of Appeals has decided in ...

Tagged with: Feb. 29 2012 issue

The Rhode Island city of Providence could require hotels to retain their employees for three months in the event of a change in ownership, the 1st U.S. Circuit Court of Appeals has found.

Tagged with: Feb. 29 2012 issue

A truck driver who brought a purported class action alleging that companies he worked for had violated state and federal wage laws by misclassifying drivers as independent contractors could also sue a management-services firm for providing the companies with independent ...

Tagged with: Feb. 29 2012 issue

Just when attorneys thought the issue of class action waivers in mandatory arbitration clauses had been settled by the U.S. Supreme Court once and for all, a National Labor Relations Board ruling has called into question the ability of employers ...

Tagged with: Feb. 29 2012 issue