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  • Article

    Contracts May "Legally" Obligate A Party To Pay, Even Without A Court Judgment

    Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts, which this blog previously addressed here. Recently, the Sixth Circuit revisited the issue...
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    To Speak Or Not To Speak: The "Personal Knowledge" Requirement Of A Corporate Representative

    Federal Rule of Civil Procedure 30(b)(6) permits a corporate representative to testify during deposition about matters within the corporation's knowledge.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
Butler Snow LLP
  • Article

    Veil Piercing Redux

    The Tennessee Court of Appeals has recently, and cogently, restated and reconfirmed the state law requirements for "piercing the corporate veil," ...
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    When Sharing Is Caring: The Federal "Common Interest Privilege"

    The attorney-client privilege protects communications for the purpose of obtaining legal advice between attorney and client
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    A New Heightened Standard For Title VII Retaliation Claims

    On June 24, 2013, the Supreme Court of the United States held that Title VII retaliation claims require a plaintiff to prove the more stringent "but for" causation standard, rather than the lesser "motivating factor" standard.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Attorney General Weighs In On Tennessee Guns In Trunks Law

    The law giving handgun carry-permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1, 2013.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    D.C. Circuit "Refines" The NLRB's Joint Employer Test

    In a 2-1 decision issued December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit upheld the NLRB's determination that both an employer's reserved authority to control and...
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Don't Be Foolish! The Tortious Pitfalls Of April Fools' Day

    The unofficial holiday of practical jokes has been celebrated worldwide for at least four centuries. With this age-old tradition around the corner, keep these tips and tactics in mind to navigate April First without being the April Fool.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Effective Use Of Non-Competition/Non-Solicitation Agreements In The Workplace

    Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to quit and accept a similar job for a competing business.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Federal Law Provides Enhanced Trade Secret Protection For Employers

    Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a lawsuit against a former employee who steals its trade secrets, even if the employee did not sign a nondisclosure agreement.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Handling Workplace Vigilantes

    Recently, an Oregon Home Depot worker claimed that he was fired for helping a customer pursue a man she claimed kidnapped her child.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Health Care Reform: Decisions And A Changing World For Employers

    In a Supreme Court decision and two national elections, the Patient Protection and Affordable Care Act is set for implementation, bringing new responsibilities to employers.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Pregnant Pause? Lawsuit Attempts To Halt The EEOC's Final Rule To Implement The Pregnant Workers Fairness Act

    To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance...
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Sixth Circuit Court Of Appeals Provides Guidance As To When Increased Scrutiny May Show Unlawful Retaliation

    Federal law (as well as many states' law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Take This Job And Shove It – Alabama Supreme Court Elaborates On "Voluntarily" Leaving Employment

    If you quit your job because of a hostile work environment, is it still "voluntary"? According to the Alabama Supreme Court's July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The Definition Of Joint-Employer Significantly Expanded By NLRB's Newly Established Standard

    On October 26, 2023, the National Labor Relations Board ("NLRB") issued its final rule entitled "Standard for Determining Employer Status."
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Update On Same-Sex Employee Benefits

    In recent months, employers around the country have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Walking The Workplace Proselytizing Tightrope

    "Have a blessed day." "I'm praying for you." "Are you a believer?" "Would you be interested in attending church with me?" Comments and questions like those may be common in your workplace.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

    On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act ("DOMA"), is unconstitutional.
    United StatesFamily and Matrimonial
    Butler Snow LLP
    Butler Snow LLP
  • Article

    What's Mine Is Mine, And What's Ours Is Now Mine

    The Fletchers opened a joint checking account with rights of survivorship, not as tenants in common.
    United StatesFamily and Matrimonial
    Butler Snow LLP
    Butler Snow LLP
  • Showing 601–620 of 1389 results

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