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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 >>

Insurance Against Computer Attacks
We live in interesting and dangerous times. The recent vicious military conflict between Russia and Georgia, for example, moved beyond the traditiona . . . keep reading >>

More Fun for Employers: The New Paid Family Leave Law
Karl Marx once wrote: “The oppressed are allowed once every few years to decide which particular representatives of the oppressing class are to repre . . . keep reading >>

A $10.5 Million Lesson About "Informal" Employment Agreements
There’s no such thing as a “preliminary” contract. If there’s an offer, an acceptance, and consideration (a promise to do something or not to do some . . . keep reading >>

A simple document that will beat most employee lawsuits
We obviously live in a sue-happy world (which is likely to get more sue-happy in New Jersey with the governor’s imminent signature on the Paid Family . . . keep reading >>

Are your compliance reports privileged?
“Transparency,” as defined in that infallible resource WikiPedia, means “openness, communication, and accountability. It is a metaphorical extension o . . . keep reading >>

Why Some Employees Are Like Insects
gad•fly Pronunciation: \ˈgad-ˌflī\ Function: noun Date: 1593 1 : any of various flies (as a ho . . . keep reading >>

The EEOC speaks: Family responsibilities and the workplace
Some employee grievances have merit. Some do not. If you're faced with an employee who seems to be whining for the sake of whining, try this approac . . . keep reading >>

How the New York Knicks lost the Isaiah Thomas sexual harassment case
For executives involved in managing people, the lesson of the recent Isaiah Thomas sexual harassment case is simple: Arrogance kills. After a sa . . . keep reading >>

Alert: New Amendment to New Jersey Law Against Discrimination
As of July 2007, New Jersey's amended Law Against Discrimination expressly bars discrimination on the basis of gender identity and gender expression. . . . keep reading >>

Retrospective insurance premiums and multiple "occurrences" (a primer)
General liability and workers' compensation policies are often subject to "retrospective premium" programs. A retro program is exactly what its name s . . . keep reading >>

How to protect yourself when ex-employees mess with your computer system
What can you do when former employees start a competing company and “mess” with your computer system – such as by deleting customer information or oth . . . keep reading >>

How far do you have go to accommodate a disabled employee?
Here is the main question our corporate management clients ask us, in one form or another: “Employee X is [fill in the disability]. What do we have . . . keep reading >>

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