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HTMLNew York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use
Hera S. Arsen, Ph.D., Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney General announced that he plans to introduce legislation...

 

HTMLYou Said It, Now We’re Going to Hold You to It! Hospitals Estopped from Asserting Disqualification Argument
C. Thomas Davis, Kang He; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate.

 

HTMLNevada’s Trio of Cases: State Supreme Court Resolves Questions on the Minimum Wage Amendment
Erica J. Chee, Dana B. Krulewitz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
On October 27, 2016, the Supreme Court of Nevada issued decisions in a trio of cases resolving important questions about Nevada¿s Minimum Wage Amendment.

 

HTMLContractor Blacklisting Update: Procurement Officials Stand Down for Now
Jenna N. Mennona, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 24, 2016, the U.S. District Court for the Eastern District of Texas entered a nationwide injunction preliminarily enjoining the Obama administration from implementing final rules to effectuate Executive Order 13673, Fair Pay and Safe Workplaces. The federal court’s decision came in...

 

HTMLConstruction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery...

 

HTMLThis Is Going on Your Permanent Record: Contract Principles Applied to Student Handbook in Plagiarism Case
Lisa Kaplan; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 24, 2016, the First Circuit Court of Appeals upheld a summary judgment decision in favor of a university in a case brought by a student who was disciplined for violating Harvard Law School’s plagiarism policy. In Walker v. President and Fellows of Harvard College, No. 15-1154 (1st...

 

HTMLSixth Circuit Holds Employees’ Continuing Work Constitutes Assent to Mandatory Arbitration Agreement
Michael O. Eckard, KyraAnne Gates; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 27, 2016
The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part II: Creating a Perception of Unfairness
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In part one of this three-part series, we discussed a trap companies often fall into when it comes to avoiding and resolving conflict: failing to anticipate and plan for high-risk situations. Part two covers situations that may give rise to the perception of unfairness in the workplace, which is...

 

HTMLA Reminder on Voting Rules for Non-U.S. Citizens
Ann Louise Brown, Leigh N. Ganchan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
As the 2016 presidential election approaches, election reminders abound encouraging everyone to get out and vote on November 8th. Largely focused on the importance of participation, these messages do not typically distinguish between U.S. citizens, lawful permanent residents (LPR), and individuals...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part III: Failing to Address Workplace Conflicts
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 2, 2016
In part one and part two of this three-part series, we discussed two of the most common traps employers fall into when it comes to avoiding and resolving workplace conflict: failing to anticipate and plan for high-risk situations and creating situations that may give rise to the perception of...

 


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