Michael Starr

August 02, 2019 | New York Law Journal

Mediation is not merely a more time-consuming form of settlement. It is a different process that, on account of its differences, takes more time.

By Michael Starr

16 minute read

May 23, 2018 | New York Law Journal

In mediation, what gets the parties into “the zone” depends on a variety of factors that have nothing to do with the merits of the lawsuit.

By Michael Starr

4 minute read

December 09, 2013 | National Law Journal

A second critical maxim of employment law litigation is illustrated by the Ropes & Gray lawsuit: Do not speak ill of the departed.

By Michael Starr and Katherine Healy Marques

7 minute read

February 18, 2013 | National Law Journal

Several decisions expansively regulating non union workplaces are now called into question but still binding.

By Michael Starr and Katherine Healy marques

7 minute read

April 21, 2008 | National Law Journal

Alexander v. Gardner-Denver Co. has long been seen as a breakwater against any requirement that unionized employees bring federal bias claims to arbitration under their labor agreements, even if those agreements ban discrimination on the basis of a protected classification. Unionized employers have had to defend such claims in two forums: labor arbitration and a court case asserting claims arising from the same facts. With the recent grant of cert in Pyett, those days may be coming to an end.

By Michael Starr and Christine M. Wilson

8 minute read

March 14, 2011 | National Law Journal

The 9th Circuit ruled that employers' agreement to share revenue, to counter a 'whipsaw' strike, violated antitrust law.

By Michael Starr and Howard Sokol

7 minute read

April 23, 2012 | National Law Journal

Recent decisions may have made 'Concepcion' effectively inapplicable to actions asserting employment law claims.

By Michael Starr and Katherine Marques

8 minute read

November 05, 1999 | Law.com

In today's robust economy, companies need to be wary of having their key employees "pirated away" by industry rivals or, even worse, by their own former employees who have departed to join a competing organization. Given the questionable enforceability of non-compete clauses, are narrowly crafted, non-recruiting clauses a company's best hope against crippling employee raiding? Maybe.

By Michael Starr, Jordan Lippner

9 minute read

November 24, 2008 | National Law Journal

Colorado recently joined at least two other states in passing a law restricting the ability of employers to discipline or discharge their employees for comparing or otherwise discussing their salaries with one another. Other states are considering similar "wage transparency" legislation, but these wage-transparency laws may, in fact, lack legal effect due to the doctrine of federal labor law pre-emption regardless of union membership.

By Michael Starr and Christine Wagner

8 minute read

June 20, 2005 | National Law Journal

If appearance plays an important role in our evaluations of other people, and attractiveness pays dividends in the workplace, is that a social reality that exceeds the reach of the law or a form of invidious discrimination that should be banned? The case law goes both ways.

By Michael Starr and Adam J. Heft

8 minute read