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Friday's ruling by the National Labor Relations Board, which rejected an arbitration agreement requiring employees to waive their class action rights, was quickly labeled a game-changer. But despite the Supreme Court's much-cited Concepcion decision last year, employers were already struggling to persuade the courts to enforce arbitration agreements with employees.
The Most Important Employment Case You Haven't Heard Of
It began as a run-of-the-mill age discrimination case, a test of wills between a fired supervisor named Roger Reeves and his former employer. Reeves won before a jury, but a federal appeals court overturned its verdict. The case was propelled to the U.S. Supreme Court for an examination of fundamental Seventh Amendment issues that could affect all civil litigation.Law Firms Face Gray Area as Boomers Age
For its annual survey of managing partners, The American Lawyer asked leaders of Am Law 200 firms how concerned they are about the aging of the bar. Thirty-eight percent say it's a significant management issue. They add that current law firm demographics raise two big questions: how to accommodate boomers who want to keep working and how to ensure a smooth succession to the next generation. And as firms move away from strict retirement regimes, managing partners say flexibility is key.Antitrust litigator David Gelfand, a partner at Cleary Gottlieb Steen & Hamilton, is joining the Justice Department's Antitrust Division as deputy assistant attorney general for litigation.
Transition Time at the Solicitor General's Office
Transition time is a particularly ticklish period at the solicitor general's office. In one sense, it is a place where it doesn't -- or shouldn't -- matter who is president. But speculation about who will be named to the office by President-elect George W. Bush tends to focus on four names, all with experience in the Justice Departments and SG's offices of Presidents Ronald Reagan or George Bush, or both.California's weird 2008 Conte v. Wyeth ruling is being crushed by judicial opposition.
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