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One might assume that an employee with a serious health condition sufficient to qualify for leave under the FMLA should not be allowed to work another job during the period of FMLA leave. Put another way, working another job would seem to be inconsistent with a claim that the employee had a serious health condition entitling her to leave.

While it’s not likely that the New York Yankees’ losing the American League pennant to the Boston Red Sox had anything to do with the state’s minimum wage, the legislature did take the matter in hand. The Empire State Wage Act of 2004 increased the minimum wage in the state of New York to $6.00 per hour beginning on January 1, 2005.

The litigation woes for search engines continue and the Internet advertising world is increasingly concerned as a federal judge has ruled that offering sponsored links (placement in search results when a trademark is used in the search engine) may constitute trademark infringement.

<P>In <I>Rumsfeld v. General Dynamics Corporation</I>, 365 F.3d 1380 (Fed. Cir. 2004), the United States Court of Appeals for the Federal Circuit continues to narrow the circumstances under which a contractor may recover legal costs. Specifically, the Federal Circuit held that a contractor may not apportion its defense costs between unsuccessful and successful (or settled) claims brought by the government in the one proceeding.

Lawyers at my firm have been immersed for the past seven years in a mammoth toxic tort case involving groundwater contamination in Southern California that has been reminiscent of the litigation that unfolded in "A Civil Action."

In November 1986, California voters overwhelmingly approved an initiative to address growing concerns about exposure to toxic chemicals. That initiative became The Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act), better known by its original name – Proposition 65.

A Self-Canceling Installment Note (SCIN) is a technique used to sell an asset, usually shares or partnership interests in a closely held family business, in exchange for an interest-bearing promissory note. An appropriately structured SCIN will remove the future appreciation in the family business from the seller’s estate. In addition, if the seller dies prior to the maturity of the promissory note, the then-outstanding principal amount of the note may be excluded from the seller’s gross estate.

Deciding an issue that had divided the Federal Appellate Courts, the U.S. Supreme Court recently ruled that the four-year statute of limitations enacted by Congress in 1990 applies to claims of racial discrimination and harassment brought under the Civil Rights Act of 1866, a statute commonly known as Section 1981. 42 U.S.C. §1981. The Court’s May 3, 2004, decision in <I>Jones v. R.R. Donnelley & Sons Co</I>. is a victory for plaintiffs and will lengthen the limitations period for Section 19