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Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
The Supreme Court’s radical ruling for the proverbial 1%
June 24th, 2013
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…
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Categories: Blog
What is harassment?
June 13th, 2013
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…
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Categories: Blog
A wake-up call for those addressing corporate wrongdoing
April 15th, 2013
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…
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Categories: Blog
Class actions under arbitral attack
February 20th, 2013
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…
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Categories: Blog