April 21, 2023 | New York Law Journal
Pay Frequency Litigation Under the New York Labor LawAttorneys with Seyarth Shaw's labor and employment department examine case law related to paying manual workers in a timely manner—a matter that has yet to be addressed by the New York Court of Appeals.
By Robert S. Whitman and Kyle D. Winnick
7 minute read
June 25, 2007 | Corporate Counsel
Ex Parte Contacts With an Adversary's Former EmployeesIs counsel for a corporation's adversary in litigation permitted to contact the corporation's former employees about matters within the scope of their employment without notifying corporate counsel first? Without obtaining a subpoena? Without affording the corporation's lawyers the right to participate in the conversation? Many litigators assume the answer to these questions is "no," but the New York Court of Appeals recently answered with an emphatic, albeit qualified, "yes."
By Robert S. Whitman
12 minute read
July 01, 2006 | Law.com
Shot in the DarkCompanies should act now to minimize the employment law risks of a possible bird flu pandemic.
By Robert s. Whitman
7 minute read
July 07, 2004 | New York Law Journal
Second Circuit Clarifies Burdens in Family Leave CasesRobert S. Whitman, a partner at Orrick, Herrington & Sutcliffe, and associate Renee Phillips analyze a recent decision holding that certain claims under the Family and Medical Leave Act must be analyzed under a burden-shifting framework used for other employment discrimination claims.
By Robert S. Whitman and Renee Phillips
6 minute read
June 20, 2007 | New York Law Journal
Ex Parte Contacts With an Adversary's Former EmployeesRobert S. Whitman, a partner at Seyfarth Shaw, asks: Is counsel for a corporation's adversary in litigation permitted to contact the corporation's former employees about matters within the scope of their employment without notifying corporate counsel first? Without obtaining a subpoena? Without affording the corporation's lawyers the right to participate in the conversation?
By Robert S. Whitman
13 minute read
August 23, 2005 | New York Law Journal
The Class Action Fairness Act: A Six-Month AssessmentRobert S. Whitman, a partner at Orrick, Herrington & Sutcliffe, writes that the few cases decided since the passage of the act suggest that defendants view its expansion of federal court jurisdiction as a welcome development in the defense of class actions, but the courts have made clear that they will enforce the statute strictly according to its terms, and will not open the door to federal court absent clear statutory jurisdictional authority.
By Robert S. Whitman
11 minute read
February 05, 2002 | New York Law Journal
Outside CounselI f an employee has agreed to arbitrate work-related claims against his employer, can the Equal Employment Opportunity Commission (EEOC) still sue the employer in court on the employee`s behalf? If so, can the EEOC seek money damages?
By Robert S. Whitman
10 minute read
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