Monthly Archives: May 2011

New Regulations Make ADA Claims More Accessible

by Teiko Shigezumi and Carrie Corcoran

The EEOC recently published its long-awaited final regulations (the “Regulations”) and interpretive guidance for the Americans with Disabilities Act Amendments Act (the “ADAAA”), which became effective on January 1, 2009.  The Regulations significantly alter the analysis of “disability” under the Americans with Disabilities Act (“the “ADA”) and reflect Congress’ intention to expand the ADA’s coverage.  The ADAAA retained the ADA’s definition of “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. The Regulations, however, alter the interpretation and application of this term in fundamental ways. 

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Reminder: State Privacy Laws May Also Affect Healthcare Noncompete Litigation

For noncompete and trade secret lawyers in the healthcare industry, the recent Michigan Court of Appeals case of Isidore Steiner, DPM v. Bonanni highlights the importance of understanding applicable state privacy laws as well as the federal Health Insurance Portability and Accountability Act (HIPAA).

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The eighth to be nominated in Quebec, Canada’s sixtieth

RSS is proud to announce that Me Patrick Henry has been named Fellow of the Litigation Counsel of America (LCA). The LCA is a trial honorary society. Fellows are selected based upon excellence, accomplishment in litigation and superior ethical reputation.

Me Henry becomes the eighth Fellow of the LCA who practices law in the Province of Québec.

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The eight to be nominated in Quebec, Canada’s sixtieth

RSS is proud to announce that Me Patrick Henry has been named Fellow of the Litigation Counsel of America (LCA). The LCA is a trial honorary society. Fellows are selected based upon excellence, accomplishment in litigation and superior ethical reputation.

Me Henry becomes the eighth Fellow of the LCA who practices law in the Province of Québec.

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Golf Exchange presented by The Honda Classic – Co-hosted by Peter Bernhardt

Golf Exchange presented by The Honda Classic” aired its 20th episode of the 2011 season Sunday, May 15, on both ESPN Radio 760 in West Palm Beach, with signal coverage from Fort Lauderdale to Port St. Lucie, and also 790 The Ticket in Miami, with signal coverage from Key West to Delray Beach.

Peter Bernhardt was a co-host.

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Bill Allows Public Hospital Districts to Fundraise

Effective July 22, 2011, Public Hospital Districts in Washington will now be allowed to fundraise.  The new bill amended RCW 70.44.060 to allow Public Hospital Districts to: “To solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and to sell, lease, exchange, invest, or expend gifts […]

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N.Y. Court Allows Restaurant Servers to Pursue Class Claims against Batali Restaurants due to Tip Policy

By:  Kara M. Maciel and Jordan Schwartz

On May 10, 2011, the Southern District of New York conditionally certified a collective action against eight New York metropolitan area restaurants owned by celebrity chef Mario Batali alleging violations of the Fair Labor Standards Act. In the action, restaurant servers argue that the Batali restaurants are paying employees less than minimum wage and unlawfully retaining a portion of their tips.

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John Ropiequet gives presentation at the Eighth Annual Housing and Auto Finance Workshop

Arnstein & Lehr attorney John L. Ropiequet 

John L. Ropiequet

Arnstein & Lehr Chicago Partner John Ropiequet spoke at the Eighth Annual Housing and Auto Finance Workshop in Baltimore on May 3. The presentation, “Conflicts and Privileges: Legal Ethics of Affidavits, Robo-Signing and Notarizations,” focused on violations of professional ethical rules which may ensnare inside and outside counsel who deal with mortgage foreclosures and other high-volume legal procedures.

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The NLRB continues to revisit and rewrite U.S. Labor Law

The NLRB, currently comprised of a decided 3-1 split in favor of organized labor (Liebman, Becker and Pierce, the Democrats v. Hayes, the sole Republican appointee), continues to take opportunities to revisit established labor law and issue questionable decisions with a clear bias in favor of unions and organizing. For instance:

  • It is OK for employees to show up at your home dressed as prisoners. In AT&T Connecticut 356 NLRB No. 118 (March 24, 2011).pdf, the NLRB held that the employer violated the NLRA when it suspended 183 employees who dressed as prisoners to protest a labor dispute with the employer while visiting customer homes. The employees, AT&T technicians, showed up at customer homes in response to service calls wearing white shirts that said “INMATE # ____” on the front, and “Prisoner of AT$T” on the back, with vertical stripes.
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Ask Friday! The Blogs I Read Edition

Ask Friday

This week’s Ask Friday! answers the question of what blogs I read.  I’ll break this down into three categories – ILN member blogs, the blogs I read for professional reasons and growth, and the blogs I read for fun – feel free to add your favorites to the list in the comments!

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