Insights & News

Title IX is a federal law dating back to 1972 that prohibits discrimination based on gender in providing access to facilities and programs at schools that receive funding from Washington. It also bans all forms of sexual violence, mandating an investigation that can lead to suspension or expulsion from school, and even the possibility of criminal charges being brought by police. The process for handling a Title IX violation varies from one school to another because they are not a criminal proceeding. However, when an allegation is made, schools and other education programs must launch an “independent investigation” into whether […]

Many employment contracts contain restrictive covenants designed to govern what a person may – or, most often, may not – do after they leave a company. Traditionally these non-compete restrictions were used mostly with senior executives, sales people who possessed account lists, and key individuals with access to confidential trade secrets and proprietary designs or processes. But as companies widen the use of these restriction-laden employment agreements to include middle managers and even office or manufacturing staff who possess no truly confidential information, courts in various jurisdictions have wither modified such clauses or thrown them out entirely. In some states […]

One of the most important decisions that a party faces in drafting a new contract is how to settle any disputes that arise under the contract. More and more, parties are deciding to include arbitration provisions in agreements as the chosen method for deciding such disputes. Courts generally give these provisions great weight and will not hesitate to enforce them. There are a number of advantages to choosing arbitration over litigation at the onset of litigation. For instance, arbitration is often less expensive than full-blown litigation and it allows for a certain amount of customization in the dispute resolution process. […]

Litigators in the heat of battle are, understandably, focused on winning the trial. There are never any guarantees, however. The ABA has put together 10 great tips for giving your client the best chance, should the case end up in an appeals court. The article is here.