One Way to Overcome Barriers to Women’s Advancement in Big Law

By | Negotiation Law Blog | August 28, 2013
One Way to Overcome Barriers to Women’s Advancement in Big Law

I couldn’t be more pleased than to sharethis recent report – Women Lawyers Still Hit Glass Ceiling – from MarketplaceThis story is not about what your law firm can do for you because it’s not going to do anything to advance the careers of women either because it’s the right thing to do or because it’s the smart thing to do (i.e., good law firm management).

Federal Court: Firing Employee for Using Medical Marijuana is Not Discriminatory, Even Where It’s Legal

Federal Court: Firing Employee for Using Medical Marijuana is Not Discriminatory, Even Where It’s Legal

A federal court in Denver has held that an employee who was fired after testing positive for marijuana was not protected by the state’s anti-discrimination laws, even though Colorado has legalized the use of medical marijuana. MillerCoors terminated Paul Curry after he tested positive for marijuana use during a routine drug test administered by the company. 

Government’s Suit Against Bank of America for Mortgage Fraud is Headed to Trial

By | Mortgage Crisis Watch | August 28, 2013
Government’s Suit Against Bank of America for Mortgage Fraud is Headed to Trial

An order yesterday by U.S. District Judge Jed Rakoff in New York clears the way for a trial on September 23 in a government lawsuit accusing Bank of America Corp. of fraud in the sale of billions of dollars of toxic mortgage loans to Fannie Mae and Freddie Mac. Judge Rakoff rejected the bank’s bid to dismiss the case. The court ruled that there are “genuine factual disputes” that justify letting the case continue against the second-largest U.S. bank. Only a few prominent cases tied to the financial crisis have ever gone to trial.

“See You in…well, I Don’t Know When”: Is an Unlimited Leave of Absence a Reasonable Accommodation Under the ADA?

By | Employment Law Lookout | August 28, 2013

As we all know, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for known disabilities of employees to enable them to perform a position’s essential functions, unless doing so would result in undue hardship to the employer’s operations.  42 U.S.C. § 12112(b).  

The NCAA Takes a Few More Hits in Its Phony Battle Over Amateurism

By | DuetsBlog | August 28, 2013
The NCAA Takes a Few More Hits in Its Phony Battle Over Amateurism

Unless you’re inflicted with the most severe kind of equinophobia, you probably don’t get much satisfaction from seeing a dead horse get beat.  But since the horse that is the NCAA’s current player compensation system appears to still have some life in it, I have to admit I’m sort of enjoying the additional beatings it keeps taking (as I’ve written about here, here, here, and here). 

Fair Use and DMCA Take Down—Lawrence Lessig Sues Over YouTube Use of “Lisztomania”

By | The Art Law Report | August 28, 2013

One of the lurking issues in the murky waters of copyright fair use is the takedown notice provision of the Digital Millennium Copyright Act of 1998 (the “DMCA”).  The DMCA, codified at 17 U.S.C. § 512, implements two 1996 World Intellectual Property Organization treaties and absolves internet service providers (“ISPs”) who disable allegedly infringing content when notified by the copyright holder.