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Your search for ‘Williams Kastner’ returned 34 results

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  • Article

    NLRB Clarifies Position On Employer Ban On Use Of Company E-Mail For Union Solicitation

    In an earlier Williams Kastner Alert, published last February, this author discussed the Register Guard decision which upheld discipline of employees who used company e-mail to solicit support for a union.
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    Oregon Courts Split over Punitive Damages

    While the U.S. Supreme Court has issued several decisions on punitive damages over the last decade that are increasingly favorable to business, Oregon's two appellate courts have a history of upholding a jury's right to award punitive damages. The disparity seems to have grown greater in the past two years.
    United StatesLitigation, Mediation & Arbitration
    Williams Kastner
    Williams Kastner
  • Article

    Bills Pending at the Legislative Assembly

    The Oregon Legislative Assembly is considering several bills that, if passed, could affect YOU:
    United StatesReal Estate and Construction
    Williams Kastner
    Williams Kastner
  • Article

    Leveraging Tribal Sovereign Economic Advantages to Attract Private Investment in Indian Country

    As a result of the Indian gaming phenomenon, many tribes have experienced tremendous economic growth and opportunity. However, gaming revenue is more than ust money. It is the source that helps us examine how we turn our cultural understanding and communities’ wealth – people, land, time, ideas, culture – into governmental practices that sustains healthy tribal economies.
    United StatesGovernment, Public Sector
    Williams Kastner
    Williams Kastner
  • Article

    To Incorporate or Not to Incorporate?

    I read the article by Phillip Katzen and Cory Albright in the February 2004 Indian Law Newsletter with interest. Messrs. Katzen and Albright discussed the application of the balancing test contained in WAC 458-2-192 ("Rule 192") to pre-empt state sales tax of on-reservation sales to nonmembers. Section 5 of Rule 192 is another important provision providing tax relief to Indian business owners. Section 5 addresses the state taxation (e.g., B&O and
    United StatesTax
    Williams Kastner
    Williams Kastner
  • Article

    The New HIPAA Privacy Rule - What Is It and Who Should Care?

    United StatesStrategy
    Williams Kastner
    Williams Kastner
  • Article

    Much More Than Just A Word

    A recent Supreme Court decision serves as an oft-needed reminder that even everyday words or slang may be sufficient evidence of discrimination.
    United StatesLitigation, Mediation & Arbitration
    Williams Kastner
    Williams Kastner
  • Article

    Bar None! The Social Impact of Testing Indian Law on Washington´s Bar Exam

    On April 7, 2005, several hundred bar leaders joined tribal dignitaries and community members at the Seattle University School of Law to commemorate the WSBA Board of Governors' unanimous decision on October 22, 2004, to include federal Indian jurisdiction on our state's bar exam beginning in the summer of 2007.
    United StatesGovernment, Public Sector
    Williams Kastner
    Williams Kastner
  • Article

    Good Records can Minimize Worker Claims

    Almost every employer will face a discrimination claim someday. Federal, state and local laws protect nearly all employees from discrimination on the basis of gender, age, race, national origin, religion, sexual orientation, disability or workplace injury. They also protect employees from discrimination for whistleblowing, having their pay garnished and submitting workers' compensation claims. And the list goes on.
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    Washington Supreme Court Decides Case Involving Claims for Wrongful Discharge and Employer Duties Arising From Employment Manuals

    In December 2005, the Supreme Court of Washington filed its decision on Korslund v. Dyncorp Tri-Cities. In this case, the court considered the following three issues: (1) whether forced medical leave amounts to discharge; (2) under what circumstances a plaintiff may bring a claim of wrongful discharge or retaliation in violation of public policy; and (3) whether a promise of specific treatment is enforceable.
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    Know Your Obligations Under USERRA

    Since September 11, 2001, almost 530,000 citizen soldiers have been mobilized, and of these more than 390,000 National Guard and Reserve members have been returned to civilian life. In December 2004, President Bush signed into law the Veterans Benefits Improvement Act, which requires all employers, regardless of size – public and private – to notify all employees annually of their legal rights under USERRA.
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    New Laws Have Yet to Stem Tide of Condo Suits

    Condominium construction defect litigation has increased dramatically in the Northwest in recent years. While some homeowners have received benefits from settlements and some judgments, these lawsuits may be a significant factor in the dramatic decrease in the number of affordable multifamily projects.
    United StatesReal Estate and Construction
    Williams Kastner
    Williams Kastner
  • Article

    Winds of Change at the Washington State Gambling Commission

    Effective January 1, 2005, the Washington State Gambling Commission adopted several new and amended gaming regulations. Tribal casinos, which are required under their compacts with the State to have surveillance cameras in certain areas of the casinos, need be aware of an amended regulation requiring licensure of digital surveillance companies.
    United StatesGovernment, Public Sector
    Williams Kastner
    Williams Kastner
  • Article

    Litigation Going Paperless - An Introduction to The Complexities of E-Discovery

    Today's business communications and data are routinely stored in digital media (e-mail, web pages, word processing files, computer databases, personal digital assistants, and telephone voicemails). For the typical business, a large percentage of this information is stored digitally and never printed to hard copy.
    United StatesMedia, Telecoms, IT, Entertainment
    Williams Kastner
    Williams Kastner
  • Article

    Somewhere Over the Rainbow: The Tribal "Pot of Gold" that is Federal Title IV-E Funding

    A potential "pot of gold" sits at the end of a rainbow for tribal foster care programs. Under Title IV-E of the Social Securities Act ("Title IV-E"), Tribes may be reimbursed for many of the costs that they currently spend on foster care and related services.
    United StatesFamily and Matrimonial
    Williams Kastner
    Williams Kastner
  • Article

    Do the SEC’s Proposed Standards of Professional Conduct for Attorneys Apply to You?

    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    Is Criminal Enforcement Needed To Combat Alleged Corporate Conflicts Of Interest?

    When Enron and other corporate giants collapsed, imperiling public confidence in corporate America, President Bush responded by forming the Corporate Fraud Task Force ("CFTF") in July 2001. In his speech introducing the task force, President Bush articulated his plan to change the government’s approach to corporate misconduct.
    United StatesWealth Management
    Williams Kastner
    Williams Kastner
  • Article

    Workers’ Compensation Options For Tribes In Washington State

    This paper provides an overview of the Washington State Industrial Insurance Act and the applicability or inapplicability of such state workers’ compensation laws to tribal and nontribal employers doing business on the reservation.1 The paper will further provide a discussion of potential advantages and disadvantages to electing to cover employees under the Washington State Industrial Insurance Act or choosing to establish your own workers’ compensation system to process workers compensatio
    United StatesEmployment and HR
    Williams Kastner
    Williams Kastner
  • Article

    Employer Liability Arising From Company Hosted Functions

    Office holiday parties are a good opportunity to give thanks, to celebrate the team’s hard work and achievements, and to build morale for the upcoming year. Yet holiday parties also present their own risks. We all know that people act differently outside of the structured norms of the workplace, especially after consuming alcoholic beverages. To what extent are employers liable for the misconduct of their employees immediately before, during, or after these functions?
    United StatesCorporate/Commercial Law
    Williams Kastner
    Williams Kastner
  • Article

    Shielding the Tribal Treasury from Attack: Eliciting Civil Legal Protection Under the Federal Tort Claims Act

    It is common knowledge in Indian Country that the U.S. Department of Justice must conduct certain litigation for the benefit of Indian Country, vis-à-vis the federal government, trustee for the protection of the resources and rights of federally-recognized Indian tribes and tribal members. But, it is much less known that the Department of Justice may be obligated to defend a tribe and its officials and employees from the everyday slip-and-fall case.
    United StatesGovernment, Public Sector
    Williams Kastner
    Williams Kastner
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