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• SECURE 2.0 Facilitates Funding Retiree Medical and Life Insurance Accounts

  Among the many changes to laws governing retirement plans in SECURE 2.0—the long-awaited follow-up to the 2019 SECURE Act that passed as part of the 2023 Consolidated Appropriations Act—is a provision that may benefit sponsors of over-funded pension plans.  Under Section 420 of the Internal Revenue Code (“Code”), as amended by SECURE 2.0, and subject...

• Legislating Data Privacy Series: A Conversation with Texas Representative Giovanni Capriglione

  In the nineteenth episode of our Legislating Data Privacy podcast series, we talk with Texas Representative Giovanni Capriglione. Representative Capriglione is the primary author of the Texas Data Privacy and Security Act (House Bill 4). During this interview, Representative Capriglione discusses the background of drafting the bill, the bill’s provisions (including its unique takes on...

• USCIS Completes Initial H-1B Registration Selection Process for FY 2024

  On Monday, March 27, 2023, U.S. Citizenship & Immigration Services (USCIS) announced that it had received a sufficient number of H-1B registrations through its electronic registration system to reach the annual cap for FY 2024. The announcement includes registrations for both the 65,000 regular cap as well as the 20,000 slots allotted for the U.S....

• "In Their Names: The Untold Story of Victims’ Rights, Mass Incarceration, and the Future of Public Safety"

  The title of this post is the title of this recently published book authored by Lenore Anderson.  I am pleased that I will have an opportunity to speak with the author and one of her colleagues during this event this coming Wednesday at 12noon.  Here is the event description: Lenore Anderson has built her career...

• CUMMINS LAW IS HIRING

  Associate Attorney – Insurance Defense Firm Clarks Summit, PA Cummins Law, an Insurance Defense Firm located in Clarks Summit, PA, seeks a full-time associate attorney preferably with 1-3 years experience.  Judicial clerkship experience a plus.  Attorney will be tasked with handling all aspects of the defense of civil litigation matters, with a focus on auto...

• Continuing criticism for Prez Biden's Justice Department for attending to the rule of (capital) law

  Last month, as discussed here, the Washington Post published a lengthy article engaging in considerable hand-wringing about federal death penalty developments under the headline “Justice Department standards on federal death penalty called confusing.”  This month, the AP has this lengthy article with some similar hand-wringing under the headline “Biden’s Justice Dept. keeps hard line in...

• Federal Court Allows Amendment To Complaint To Add Punitive Damages Claims in Trucking Accident Case

  In the case of Stelzer v. Stewart Logistics, Inc., No. 1:21-CV-02097 (M.D. Pa. March 10, 2023 Kane, J.), the court granted a Plaintiff’s Motion to Amend under F.R.C.P. 15(a) in a trucking accident case to allow the Plaintiff to add a claim for punitive damages after discovery was found to have supported such a claim....

• Context Is King — At Least for Labeling Cases in New York

  We know the real quote attributable to Bill Gates is “content is king,”  But as communications continue to become shorter and more compressed, context can get lost in the shuffle; and context as much as content, drives our knowledge and interactions.  So, when the court in Henry v. Nissin Foods (U.S.A.) Co., opined that “context...

• New employment rates and limits from April 2023

  In April 2023, the latest round of annual increases relating to the maximum awards available at Employment Tribunals and other statutory rate increases, such as statutory sick pay and the national minimum wage, take effect. Perhaps not unsurprisingly given the current inflationary environment, the increases are significantly higher than in previous years, most notably in...

• Tips from the Table: How to Respond to Union Requests for Information During Bargaining

  We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.

Featured documents

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• Employee Who Failed To Mitigate His Damages Is Not Entitled To Judgment In His Favor

  West v. Bechtel Corp., 96 Cal. App. 4th 966 (2002) Plaintiff, a former engineer who worked for Bechtel Corp. for more than 30 years, sued the company for age discrimination and breach of contract. At trial, plaintiff received a jury verdict of $101,852.27 for lost salary and emotional distress...

• Company Precluded From Recovering From Bank Following Employee Forgery

  Espresso Roma Corp. v. Bank of America, 100 Cal. App. 4th 525 (2002) Espresso Roma Corporation suffered losses of more than $330,000 when its former bookkeeper stole blank company checks, forged signatures and used the checks to pay for personal purchases. The bookkeeper concealed his actions by...

• Employer May Have Violated Federal Law By Accessing Employee’s Secure Website

  Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002) Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by...

• Fraud Claims Relating to Employee Stock Options Were Preempted By Federal Law

  Falkowski v. Imation Corp., 309 F.3d 1123 (9th Cir. 2002) This class action litigation arose from a merger in which Imation Corporation, a publicly traded company, acquired Cemax-Icon, a closely held company in the medical information management business. A year after the merger, Imation sold the...

• Rules to go

  Cribcard Inc. is publisher specializing in legal reference books for PDAs using either the Palm or Pocket PC operating systems. I recently came across the Web site for its Pocket Litigator series, featuring federal rules for the PDA. It just released its 2003 editions, which include the Federal...

• A monthly update on legal ethics

  In the course of updating an article I wrote last year about legal-ethics resources on the Web, I came across Ethics and Lawyering Today, a monthly electronic newsletter highlighting important new cases, ethics opinions, and other developments, often with links to full text documents. It is edited...

• The Federal Fair Housing Act Does Not Create Liability For Owner Of Real Estate Corporation

  Meyer v. Holley, 537 U.S. 280, 123 S. Ct. 824 (2003) Ellen and David Holley, an interracial couple, sued Triad, Inc., a Triad employee and David Meyer (Triad’s owner) for violation of the federal Fair Housing Act (“FHA”) after the Triad employee allegedly prevented the Holleys from buying a house...

• Internet Marketing Attorney announces 2003 awards

  Lawyer Micah U. Buchdahl, operator of the Internet Marketing Attorney Web site, today released his 2003 Internet Marketing Attorney Awards. This is the second year in which Buchdahl has reviewed and scored the Web sites of each of the 250 largest firms in the U.S., much as Erik Heels and Rick Klau...