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The Latest Trendlet: Microaggression at Work and School
April 23, 2014
Have you heard about microaggressions? As Shipman & Goodwin partner Daniel Schwartz explains on the Connecticut Employment Law Blog, the term is quickly becoming the word du jour, especially on college campuses. While not the language of traditional racism, he says microaggressions are quiet, often unintended slights, racist or sexist, that make a person feel underestimated on the basis of their color or gender. An example might be something as simple as someone commenting about a Latino’s...
April 23, 2014
Have you heard about microaggressions? As Shipman & Goodwin partner Daniel Schwartz explains on the Connecticut Employment Law Blog, the term is quickly becoming the word du jour, especially on college campuses. While not the language of traditional racism, he says microaggressions are quiet, often unintended slights, racist or sexist, that make a person feel underestimated on the basis of their color or gender. An example might be something as simple as someone commenting about a Latino’s...
A Short & Happy Guide to Mediation
April 23, 2014
Disputing would like to congratulate Dallas-area alternative dispute resolution professional Will Pryor on the publication...
April 23, 2014
Disputing would like to congratulate Dallas-area alternative dispute resolution professional Will Pryor on the publication...
Brown Rudnick Rescinds Offers to 10 Associates
April 23, 2014
Brown Rudnick is rescinding offers to 10 out of 23 associates who were scheduled to join the firm in the fall. * * * Brown Rudnick cites declining client demand for first-year associates and relatively flat demand for legal services, though overall financial performance has been strong. The firm has added business and legal staff, but most of the growth has been in London, Orange County and Paris. “Market conditions have remained challenging,” the firm says.
April 23, 2014
Brown Rudnick is rescinding offers to 10 out of 23 associates who were scheduled to join the firm in the fall. * * * Brown Rudnick cites declining client demand for first-year associates and relatively flat demand for legal services, though overall financial performance has been strong. The firm has added business and legal staff, but most of the growth has been in London, Orange County and Paris. “Market conditions have remained challenging,” the firm says.
Civil Jury Trials Down 25%; Bench Trials Up 300% in LA Superior Courts
April 22, 2014
As courts are working harder than ever and with more limited resources, more cases are being resolved short of trial or tried by courts without juries. Indeed, we may be entering an era of the vanishing jury trial.1 Los Angeles Superior Court statistics indicate that the number of jury trials in general jurisdiction civil cases (over $25,000) has been shrinking during the past decade.2Last year, jury trials in these cases were down more than 25 percent from 10 years ago. Meanwhile, nonjury trials...
April 22, 2014
As courts are working harder than ever and with more limited resources, more cases are being resolved short of trial or tried by courts without juries. Indeed, we may be entering an era of the vanishing jury trial.1 Los Angeles Superior Court statistics indicate that the number of jury trials in general jurisdiction civil cases (over $25,000) has been shrinking during the past decade.2Last year, jury trials in these cases were down more than 25 percent from 10 years ago. Meanwhile, nonjury trials...
The Future of Class Arbitration Part III
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
The Future of Class Arbitration Part II
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
The Future of Class Arbitration Part I
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
Court Won’t Upset Settlement or Fees In Dentists’ Suit Against Horizon
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
FCPA and Sarbanes-Oxley Combo=Higher Lawsuit Risk
April 21, 2014
Stricter enforcement of the Foreign Corrupt Practices Act, combined with Sarbanes-Oxley’s accounting requirements and an aggressive plaintiffs bar, has increased the litigation risk for public companies and their executives. Although the FCPA preceded SOX by 30 years, the internal controls, rules and compliance regime imposed by SOX forced companies to tie their FCPA compliance programs to their financial control and reporting to avoid additional liability for themselves, their directors and their...
April 21, 2014
Stricter enforcement of the Foreign Corrupt Practices Act, combined with Sarbanes-Oxley’s accounting requirements and an aggressive plaintiffs bar, has increased the litigation risk for public companies and their executives. Although the FCPA preceded SOX by 30 years, the internal controls, rules and compliance regime imposed by SOX forced companies to tie their FCPA compliance programs to their financial control and reporting to avoid additional liability for themselves, their directors and their...
The NLRB Busts Hospital for Discouraging Negativity
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
