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LinkedIn use violating restrictive covenants?
Gene Killian
When I graduated from Law School a mere 25 years ago (yikes!), the Internet was something for geeks at places like MIT and Berkeley. Have things chan . . . keep reading >>

Keeping internal investigations confidential
Gene Killian
Those of us who are involved in corporate litigation – especially (although not exclusively) against my friends in the insurance industry – often find . . . keep reading >>

Novartis Blasted With $250M Sex Discrimination Verdict
Gene Killian
"Sometimes you're the windshield, sometimes you're the bug." – Mary Chapin Carpenter I have this simple theory about defending employment suits. . . . keep reading >>

More Trouble for In-House Counsel
In our last couple of Litigation Bulletins, we've been discussing the ever- increasing personal liability exposure faced by in-house counsel, and what . . . keep reading >>

Is in-house counsel personally liable for a $19.3M verdict?
Gene Killian
We recently posted a Bulletin about the disturbing possibility that in-house counsel could be held liable for substantial malpractice claims. To expa . . . keep reading >>

The Latest on New Jersey's Licensed Site Remediation Professional Program
Ryan Milun and Gene Killian
We've been receiving some questions about New Jersey's new Licensed Site Remediation Professional program, and, specifically, how it might affect our . . . keep reading >>

Performance Reviews 101
No one actually enjoys preparing performance reviews. Plus they can cause headaches when they turn up in court proceedings. But an effective review . . . keep reading >>

Malpractice by in-house counsel
Gene Killian
When you run a business litigation boutique as I do, there are times when the grass seems much, much greener on the other side of the fence. In momen . . . keep reading >>

An expanded definition of "sexual harassment"
I normally like to open these articles with a quip or something that attempts to be funny. Years ago, though, an experienced employment defense lawye . . . keep reading >>

Just how "absolute" is the "absolute pollution exclusion"?
Recently, we had the opportunity to test the limits of the so-called "absolute" pollution exclusion contained in standard-form commercial liability po . . . keep reading >>

Do employees have an expectation of privacy in personal e-mails on work computers?
When it comes to employee Internet use, many managers are torn. One the one hand, personal Internet use equates to lost productivity. In addition, e . . . keep reading >>

Employer liability for the swine flu?
Question: What goes "squeak, squeak, BANG"? Answer: A mouse in a minefield. When it comes to employment liability, many employers must feel li . . . keep reading >>

Looking for insurance coverage in strange places
Two decades ago, my first boss in the insurance coverage litigation business told me that if I assumed that no insurance coverage existed for a partic . . . keep reading >>

Discrimination AFTER an employee is fired?
Can your company be sued for alleged discriminatory actions that took place AFTER an employee was discharged? In New Jersey, the answer is currently . . . keep reading >>

$10M Employment Law Verdict Overturned
A few days ago, I attended a breakfast hosted by the New Jersey Devils, which , for those of you who may not know, is a professional ice hockey team. . . . keep reading >>

Effective strategies for Rule 30(b)(6) depositions
The following excellent article about strategies for corporate representative depositions is republished here with the kind permission of Corporate Co . . . keep reading >>

Sotomayor reversed: How to prevent "reverse discrimination" suits
Reverse discrimination is a controversial topic, especially given the Supreme Court's recent 5-4 decision in Ricci v. DeStefano, which overturned the . . . keep reading >>

Corporate counsel layoffs and New Jersey's "limited license"
In my shoes my toes are busted, My kitchen says my bread is molded, I got a good job at the dollar store, One foot in the hole, one foot ge . . . keep reading >>

Equal pay for equal work
"It's amazing to me that it's the year 2008 and women are still getting 75 cents for every dollar that a man earns. I mean, don't you think it's time . . . keep reading >>

Lessons from the front: Corporate counsel nailed for $2.1 million in whistleblower suit
Here are three good rules for staying away from unwanted headlines in business: 1. When in doubt, mumble. 2. When in trouble, delegate. . . . keep reading >>

Terminating Employees Humanely: Lessons from "Office Space"
As the economy continues to contract, more managers will have the unpleasant task of firing employees. Unless you or the worker is a psychopath, firi . . . keep reading >>

Whistleblowing and retaliatory discharge: A new decision from the New Jersey Supremes
What's the best way to avoid a "whistleblower" lawsuit? Obviously, the best way is to avoid fraudulent or illegal acts in the first place. In . . . keep reading >>

D&O Insurance and Pollution
Many "talking heads" and bloggers have compared the recent economic downturn with the conditions that led to the Great Depression. History was once d . . . keep reading >>

Does an employee have a right to privacy in the workplace?
We spend a lot of our time at K&S drafting and reviewing employment manuals for our corporate clients. We always insert a provision advising employe . . . keep reading >>

How to get nailed for $100,000 in punitive damages under the ADA
The U.S. Supreme Court has denied a request by global shipping giant FedEx to review a $100,000 punitive damages award against it for failing to provi . . . keep reading >>

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