Blog

24
June
2013

The Supreme Court’s radical ruling for the proverbial 1%

The latest decision by the Supreme Court about the arbitration of statutory claims will, going forward, preclude court action even when doing so deprives small businesses and many people of any meaningful legal recourse. In rendering such an extreme… Read More
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13
June
2013

What is harassment?

Both Federal and State courts have adopted evolving definitions of what amounts to harassment in violation of civil rights and employment laws. Based on a series of decisions by the United States Supreme Court, the general understanding of harassment… Read More
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30
May
2013

Resurrection of whistleblower protection

On May 24, 2013, Minnesota Governor Mark Dayton signed into law transformative amendments that provide more protection for whistleblowers. This is an exceptional development at a time when whistleblowers are increasingly under attack. In fact, Presid… Read More
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14
May
2013

Minnesota restores substance to key employment law

Minnesota Governor Mark Dayton recently signed into law amendments to the Minnesota Payment of Wages Act to confirm that the statute enables employees to recover unpaid compensation – as well as statutory penalties, attorney’s fees, and litigatio… Read More
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28
April
2013

Supreme Court curtails human rights enforcement

In another 5-4 decision, the Supreme Court ventured into the public policy thicket and came out on the side of defendants. In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Claims Act (“ATCA”) generally no longer prov… Read More
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15
April
2013

A wake-up call for those addressing corporate wrongdoing

One of the most important tools for ending misdeeds and for compensating the resulting victims is litigation prosecuted on a class-wide basis. Consistent with its apparently escalating hostility toward such systemic legal action, the Supreme Court re… Read More
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22
March
2013

Closing the courthouse doors?

In another example of legal maneuvering, lawyers representing employers and other defendants in civil matters are seeking to change the rules of the game so that it is more difficult to have one’s day in court. These corporate agents want to change… Read More
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15
March
2013

Who is a whistleblower

Many talk about a whistleblower being a current or former employee who recovers damages from an employer because of retaliation in response to a report about apparent or actual employer misconduct. As a matter of common sense, that is an accurate und… Read More
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20
February
2013

Class actions under arbitral attack

The Supreme Court has continued to exhibit a preference for arbitration over court litigation in a number of recent rulings, including those that have limited the ability to pursue class actions and collective actions. The Supreme Court’s agenda se… Read More
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11
February
2013

Immigration reform: short on details, long on consequences

With the re-election of Barack Obama as President, Washington, DC and much of the country have refocused attention on the nation’s broken immigration system. The renewed attention on how we should best address the presence of approximately 12 milli… Read More
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