Best PracticesMore Like This

The explosion of e-discovery in litigation and arbitration unpleasantly introduced many companies to the concept of spoliation of evidence and the need to preserve documents once litigation is pending or even reasonably anticipated. At first, the “adverse inference instruction” penalty (i.e., a judge informs the jury that someone concealed evidence or information, or spoiled evidence so it could not be brought to court) did not seem too severe. The greater concern was for dismissal of claims or defenses, a sanction thought to be so severe that no judge would order it except in the most egregious of circumstances.

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Employee BenefitsMore Like This

On Feb. 25, 2015, the U.S. Department of Labor (DOL) adopted new regulations that define the term “spouse” for purposes of the Family and Medical Leave Act of 1993 (FMLA). Under the regulations, which take effect March 27, the term “spouse” includes all individuals in same-sex and opposite-sex marriages, without regard to whether the states in which those individuals reside and work recognize same-sex marriage.

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LegalMore Like This

The discrepancy between state and federal views on the use of medical or recreational marijuana has presented a significant challenge for employers, especially those that have operations in multiple states. While the possession, distribution or manufacture of marijuana remains illegal under federal law, reversal of state prohibitions began with California’s Compassionate Use Act of 1996.

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