Employment

The Where, When And What Of DTSA Appeals: Part 2

To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

Inside New Guidelines For NY's Anti-Sexual Harassment Law

New York recently published final guidance for new state legislation that expands protections against sexual harassment in the workplace. Most notably, it provides employers with more time to ensure all New York employees receive sexual harassment prevention training under the law, say Tara Daub and Tony Dulgerian of Nixon Peabody LLP.

New NLRB Joint Employment Rule: Don't Celebrate Just Yet

Although the National Labor Relations Board’s recently proposed joint employment rule would reduce potential liability for secondary businesses, employers operating in these circumstances must continue to contend with varying interpretations of the joint employer standard for now, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

Oliveira Arguments Portend A Small Victory Against FAA

Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.

Opinion

Skip The New 'Civility Courses' And Think Like A Lawyer

As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

Weighing ADEA's Wording At High Court

Following Monday's oral arguments before the U.S. Supreme Court in Mount Lemmon Fire District v. Guido — which centered on the definition of “employer” under the Age Discrimination in Employment Act — public employers across the U.S. should be concerned the ADEA may apply to them, regardless of their size, says Jaime Tuite of Buchanan Ingersoll & Rooney PC.

The Broad Impact Of H-1B Premium Processing Suspension

With U.S. Citizenship and Immigration Services' recent decision to extend and expand the suspension of premium processing for certain H-1B petitions, employers now face uncertain processing times, and workers' ability to safely and promptly change employers is severely limited, say attorneys with Hammond Young Immigration Law​​​​​​​ LLC.

Antitrust Considerations For Government Contractors

Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

Why Law Firms Should Monitor The Dark Web

Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

Does Rule 45 Protect Nonparties From Undue Burden?

Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.