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The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

Injured Ambulance Attendant who Assumed Potential Safety Risk Entitled to Be Accommodated: Ontario Arbitrator

An Ontario arbitrator has held that an ambulance attendant was entitled to be accommodated by the employer, by permitting him to “ride 3rd” in an ambulance despite a potential but not actual risk to his safety. The...more

Prescriptive Periods in the UAE: Limitation periods for initiating legal proceedings under UAE law

Commentary on prescriptive periods (statutes of limitation) in the UAE as published in The Oath...more

Employers Should Update Their Discrimination Policies in Light of the EEOC's Increased Awards for Discrimination Victims in 2011

Overall, 2011 was a record breaking year for the EEOC. During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims. In addition, the EEOC’s...more

Fenwick Employment Brief - December 14, 2011

In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington...more

Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen

After deciding four arbitration cases during the previous term, the United States Supreme Court decided only one case regarding arbitration during its 2010 term (commencing in October 2010 and extending until June 2011)—but...more

The Working Paper - Issue Fifteen - September 2011

In this issue: * EEOC Issues Final ADA Regulations * DOL Publishes Smartphone Timekeeping Application * Supreme Court Allows Third-Party Retaliation Claims * Supreme Court Upholds “Cat’s Paw” Theory of...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements: The Debate Continues

This article, reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Supreme Court's April 2011...more

IP Update, Vol. 14, No. 2, February 2011

IN THIS ISSUE: Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the...more

Fenwick Employment Brief - July 14, 2010

In This Brief: *Court Revives Age Discrimination Claim, Finding "Me Too" Evidence Admissible *Post-Employment Customer Non-Solicits: Good Practice or Lawsuit Invitation? *U.S. Supreme Court: Unconscionability...more

Fenwick Employment Brief - February 10, 2010

IN THIS ISSUE: *Account Executives Not Exempt Administrators Under California Law *No “Grossly Inflated” Attorneys’ Fees on $11,500 Retaliation Verdict *News Bites ..Arbitration Agreement with Discovery Limitation...more

Fenwick Employment Brief - January 12, 2010

IN THIS BRIEF: *California labor commissioner allows employers to deduct from exempt employee leave balance in less than half-day increments *Employee complaint about unpaid overtime, albeit mistaken, supported wrongful...more

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