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Briggs and Morgan

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Duty to Indemnify Bars Negligence Claim for Damages

USA - March 22 2017 Employees will on occasion negligently perform their duties and as a consequence can often be discharged. But what about any damages caused by their

What is “just cause” termination?

USA - November 6 2013 There are a lot of loose terms in the world of employment law. Terms such as "at-will", "contract", "progressive discipline" and other common terms

DOL’s Temporary Enforcement Policy Brings Cold Comfort

USA - March 17 2017 The Department of Labor’s (DOL) Temporary Enforcement Policy on the Fiduciary Duty Rule published on March 10, 2017 (Temporary Policy) has, from our

What constitutes an undue hardship under the Americans with Disabilities Act (ADA)?

USA - December 19 2012 The Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship

The Faragher-Ellerth affirmative defense

USA - January 3 2012 The Faragher Ellerth affirmative defense is a valuable tool that can help employers avoid liability for alleged unlawful harassment

Are You Ready to Comply With the DOL Fiduciary Duty Rule If It Goes Into Effect on April 10? (Part III: Your E&O Policy)

USA - March 27 2017 We are now two weeks from the still-current April 10 implementation date of Department of Labor’s (DOL) Fiduciary Duty Rule. The DOL is still

Duty to Indemnify Bars Negligence Claim for Damages

USA - March 22 2017 Employees will on occasion negligently perform their duties and as a consequence can often be discharged. But what about any damages caused by their

DOL’s Temporary Enforcement Policy Brings Cold Comfort

USA - March 17 2017 The Department of Labor’s (DOL) Temporary Enforcement Policy on the Fiduciary Duty Rule published on March 10, 2017 (Temporary Policy) has, from our

Are You Ready to Comply With the DOL Fiduciary Duty Rule If It Goes Into Effect on April 10? (Part II: The BICE)

USA - March 7 2017 We are now five weeks from the still-current April 10 implementation date of United States Department of Labor’s (DOL) Fiduciary Duty Rule. Yes, a

The Supreme Court is about to tell us where we can bring a patent lawsuit.

USA - February 27 2017 There is a case pending before the U.S. Supreme Court currently on this issue. Oral argument is scheduled for March 27, 2017. The case is In re TC