|
| 06.04.07 | Supreme Court Limits A Plaintiff’s Ability To Allege A Continuing Violation Under Title VII
Abstract: On May 29, 2007, the Supreme Court issued its decision in Ledbetter v. Goodyear Tire & Rubber Co. that reaffirmed and clarified that an employee cannot claim discrimination based on pay decisions made outside the statutory limitations period even if the effect of the discriminatory act lingers over time and/or the discriminatory act was not immediately apparent to the employee. This decision resolves a split among lower courts as to what constitutes a timely charge in pay discrimination cases and explains why simply receiving a paycheck each pay period is not enough to preserve a claim. |
|
| 06.01.07 | WHOIS In Danger of Losing Identity
Intellectual Property Today
Lee J. Eulgen
Abstract: The WHOIS domain name database presently contains full registrant contact information (or contact information for the registrant’s designee if a private registration service is used) as well as contact information for the domain name’s administrative and technical contacts. Many readers may not be aware that this information is on the verge of being stripped down to little more than a bare technical contact that is unlikely to be of assistance in effectively protecting and enforcing rights involving online matters. Neal Gerber Eisenberg partner and Intellectual Property Practice Group member Lee Eulgen co-authored an article appearing in the June 2007 Intellectual Property Today publication. |
|
| 06.01.07 | May a Holder’s State of Corporate Domicile Claim Abandoned Property Exempted by the Owner’s State?
CCH’s Journal of Passthrough Entities
John A. Biek
Abstract: All of the states and the District of Columbia have adopted abandoned property laws, but a number of states have begun to provide exemptions under their abandoned property laws for certain types of property such as gift certificates and gift cards and property that the holder owes to a commercial customer or supplier. This raises the interesting question of whether the secondary priority rule of the 1965 case of Texas v. New Jersey authorizes the holder’s state of corporate domicile to step in and claim property that the owner’s state of last known address will not claim because of its exemption. A careful reading of the Supreme Court’s priority rule cases indicates that the holder’s state of corporate domicile should not be allowed to escheat items of unclaimed property that have been exempted by the owner’s state of last known address. Neal Gerber Eisenberg partner and Tax Practice Group member John A. Biek authored an article that appears in the May/June 2007 edition of the CCH’s Journal of Passthrough Entities.
|
|
| 06.01.07 | Romance in the Workplace – Part II: Hostile Work Environments
Food Industry News
Jason C. Kim
Abstract: Harassment claims may occur between two equal co-workers involved in a relationship when one employee engages or participates in offensive, demeaning or unwelcome conduct that is so severe or pervasive it interferes with the other co-worker’s ability to work or creates an intimidating, offensive or hostile work environment. Neal Gerber Eisenberg Labor & Employment Practice Group partner Jason C. Kim, co-authored a June 2007 Food Industry News article.
|
|
| 05.31.07 | Avoiding Corporate Criminal Liability
Michael Z. Gurland
Abstract: A recent Congressional Report indicated that in the wake of Enron and the passage of the Sarbanes-Oxley Act in 2002, over 100 senior executives from approximately 22 companies have been indicted or convicted of white collar crimes. The prosecutions were guided, in part, by the Department of Justice’s release of the Thompson Memorandum in January 2003 encouraging prosecutors to scrutinize the professed authenticity of a company’s cooperation and heavily weigh the potential benefits of indicting companies when making charging decisions. |
|
