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Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss,...more

Weekly Update from the NC State House - June 2014: Following the GOP state convention this past weekend, House members returned to...

House Budget - Following the GOP state convention this past weekend, House members returned to Raleigh Tuesday to continue the budget process. House leadership held a press conference Tuesday morning to unveil their...more

Municipal Bond Market Absorbs Puerto Rico Supreme Court’s Decision that Teacher Pension Reform Legislation is Unconstitutional...

The latest swerve in the rollercoaster that is Puerto Rico public finance occurred on April 11 with the release of the Puerto Rico Supreme Court’s ruling striking down as unconstitutional the bulk of the territory’s teacher...more

Privileged Communications With Outside Consultants

Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude...more

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

Daughter Posts Settlement on Facebook – Employer Dislikes – Dad in Hot Water

Social media in general, and Facebook in particular, seems to have become so ingrained in modern existence that while it is potentially laughable, it is nonetheless true that we can seriously live by the tenet “If it’s not on...more

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good reminder to think carefully about the...more

Loose Lips Sink Former Employee’s Ship

Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that...more

Hating the “Love Clause”

Alabama State University is taking flak over the employment agreement it recently inked with its new president, Gwendolyn Boyd. No one seems concerned with the size of Dr. Boyd’s salary and benefits. It is the clause...more

What Property Owners Need to Know About New NC Gun Laws

On July 29, 2013 Governor McCrory signed into law House Bill 937, “An Act to Amend State Firearms Laws.” Among other changes, HB 937 (N.C. Session Law 2013-369), greatly expands the range of places where a Concealed Handgun...more

Job Interviews in Germany: No Right to ask Applicants about Preliminary Investigations by Public Prosecution Office

The German Federal Labor Court (Bundesarbeitsgericht) recently passed a decision (BAG, November 11, 2012 – 6 AZR 339/11) that dealt with an “evergreen” of German labor law: What questions employers may ask in interviews with...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

Seventh Circuit Dismisses Terminated Principal’s First Amendment Rights Case

In Julie McArdle v. Peoria School District No. 50, the Seventh Circuit upheld a lower court’s dismissal of a terminated school principal’s First Amendment and contract claims against a school district. The principal alleged...more

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

Parties to UConn Basketball Coach Jim Calhoun Contract Planned for a Retirement

At a press conference later today, legendary UConn Basketball Coach Jim Calhoun is expected to announce his retirement. He has been such a fixture in this state, not only for basketball, but for his charitable work, that...more

Beware The Sounds of Silence

In a time of budget cuts -- including cuts directed against public employees -- Griggsville Perry Community Unit School District v. Illinois Educational Labor Relations Board may wind up offering important guidance to the...more

State of Delaware cracking down on retirees working for charter schools

Charter schools that are receiving services from pensioners or have contractual relationships with those retirees may be violating Delaware law. Is your school being provided services by a retiree receiving a State of...more

Enjoining Nick Saban: Non-Compete Agreements and College Football Coaches

In the realm of examining whether non-compete provisions should be used in particular professions, this article by Clay Travis asks an interesting question: why don’t college football coaches have non-competes? It is a timely...more

New 2012 Illinois Laws Affecting Working Men and Women

The Illinois State Legislature was busy this past year and there are 200 new laws going on the books for 2012. The summary of the new laws going into effect for 2012 which affect working men and women are summarized below. If...more

TRS Rules Expiring on July 1

Due to inaction by the Illinois General Assembly in the most recent legislative session, two important Teachers’ Retirement System (TRS) rules are set to expire on July 1 of this year. First, the post-employment work...more

U. C. Regents Have Constitutional Immunity from Plaintiff's Attorney Fee Motion

In Goldbaum v. The Regents of the University of California, 2011 DJDAR 339 (2011), the Fourth District California Court of Appeal decided a novel issue arising under the California Constitution and Labor Code § 218.5. Labor...more

To Be Or Not To Be (Under Contract)

The vast majority of U.S. businesses employ workers on an "at-will" basis. The most significant exception to this general rule? Independent schools. At-will employment means that the employee is not employed for a fixed...more

Fashion in the Classroom: The World's First Fashion Law Institute Opens Its Doors

Fordham Law School has founded the world's first Fashion Law Institute, marking a critical effort to advance the study and application of fashion law. The Institute, which officially launched September 8, 2010 during New York...more

Ohio Education Law Monthly (September 2010)

In This Issue: *Department of Labor Issues Guidance on FMLA’s Definition of In Loco Parentis *Ruling Continues Trend of Courts Strictly Construing Terms of Construction Contract *Overtime Lawsuit for Use of PDA's...more

Sports Law Today - Spring 2010

In this Issue • The Tiger Effect: The Future of Morals Clauses in Endorsement Agreements 1 • NCAA Bylaw 19.5.2.2-(e): A School’s Worst Vacation 2 • Preparing for the End . . . From the Beginning: Drafting Termination...more

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