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HTMLSupreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 26, 2015
On January 26, 2015, the Supreme Court of the United States resolved a long-standing dispute between the Sixth Circuit Court of Appeals and the remainder of the federal judiciary in a case concerning the extent to which retiree health care benefits provided for in a collective bargaining agreement...

 

HTMLPresident Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 13, 2015
In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The proposed Personal Data Notification and Protection Act would require...

 

HTMLTen New Year's Resolutions Retail Employers Should Consider Making in 2015
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 13, 2015
Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what should be on their “to do” lists for the new...

 

HTMLThe Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”
Danielle Y. Vanderzanden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our children’s information.” Recognizing the real threats...

 

HTMLA Commitment to Diversity in Practice Versus in Theory-Interview of Mel Jones, Skanska
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 14, 2015
Mel Jones is Northwest Diversity Manager for Skanska USA, a multibillion dollar international building and development company. Before joining Skanska, Jones was a civil engineer and owned his own engineering design company. As an African American business owner, Jones experienced the...

 

HTMLFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In reaching its decision on the disability discrimination claim related...

 

HTMLMartial Arts & Legal Ethics
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 29, 2015
Years ago, I studied Karate. Karate is defensive. My Sensei used to say, “The best fight is the one you avoid.” Yet we were drilled endlessly on block-strike techniques. The attack comes; you block it; and then you strike your attacker. In real life, this can mean injuring or even...

 

HTMLIndependent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce Employee Misclassification
Keith E. Kopplin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 26, 2015
On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing their misclassification as independent contractors or other...

 

HTMLThe Immigration State of the Union: Obama Declares "We've Got a System to Fix"
Maria Fernanda Gandarez, Matthew Kolodziej, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 22, 2015
On January 20, 2015, President Obama addressed the nation in the annual State of the Union address. Among the many topics that the president touched upon in his speech was immigration. After more sweeping immigration reform bills died in the U.S. House of Representatives last year, the president...

 

HTMLSecond Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 26, 2015
Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class certification to a group of restaurant workers alleging wage violations....

 


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