Employment Litigation Handbook

Author: Cathy Beveridge
Publisher: American Bar Association
ISBN: 1604429127
Release Date: 2010
Genre: Law

This updated and expanded edition provides experienced solutions to the procedural and important substantive problems you will encounter in assessing, settling, litigating, and appealing an employment case no matter your level of experience, whether you represent management or employee, or whether the case at hand involves harassment, discrimination, or wrongful discharge. It includes dozens of checklists, sample pleadings, interrogatories, letters, and other useful forms. These time-saving materials are also included on a CD-ROM."

Handbook of Employment Discrimination Research

Author: Laura Beth Nielsen
Publisher: Springer Science & Business Media
ISBN: 9781402034558
Release Date: 2006-01-16
Genre: Social Science

There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.

Employment Litigation

Author: Susan Potter Norton
Publisher: American Bar Association
ISBN: 1590315693
Release Date: 2005
Genre: Law

This new addition to the Model Jury Instructions series provides clear and balanced instructions for presentation to juries in employment litigation. These models accurately and impartially present the elements and critical definitions of patent law in language that is understandable and familiar to the average juror. The instructions allow for easy adaptation to particular cases or points. A CD-ROM of the jury instructions is included with the book.

Litigation Services Handbook

Author: Roman L. Weil
Publisher: John Wiley & Sons
ISBN: 9781118721803
Release Date: 2013-04-24
Genre: Business & Economics

In the last 20 years, the need for a financial expert to act as a witness and consultant to litigating attorneys has grown even more than litigation itself. Twenty years ago, few certified public accountants or economists offered litigation-related services; now, a large number devote much of their practice to this area. To be litigation service practitioners and accountants need to learn or enhance their litigation skills, including the fine points of their roles in trial preparation and testimony presentation, testimony presentation, deposition, direct examination, cross examination, understanding Sarbanes-Oxley rulings, and fraud investigations.

The Patent Infringement Litigation Handbook

Author: Alan R. Thiele
Publisher: American Bar Association
ISBN: 1604427175
Release Date: 2010
Genre: Law

The number of patent infringement lawsuits filed in United States district courts has continually increased. Such litigation results when the protection of inventions or the entry of a new product into the market is not properly managed. This practical book provides a well-considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation. However, because not all patent infringement litigation can be avoided, the second part of this important book explains how to manage patent infringement litigation should it become necessary. This book is perfect for corporate counsel and executives, and provides information on the management of invention protection; the characteristics of a high quality patent; avoiding patent infringement litigation from an offensive and defensive perspective; how to evaluate a patent before litigation: and how to make a patent ready for negotiation. settlement, or litigation. In addition, multiple appendices have been added to provide examples of documents used in invention protection and patent infringement litigation.

Handbook on ERISA Litigation

Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 9780735563117
Release Date: 2006-12
Genre: Law

Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The U.S. Supreme Court's 2013 decision in U.S. Airways v. McCutchen addressing important issues regarding (1) the supremacy of ERISA plan terms over unjust enrichment or other equitable principles and (2) the common fund rule providing a default rule where a plan is silent on the allocation of attorneys' fees when the plan seeks reimbursement of amounts paid to a participant from a third-party tortfeasor Updated case surveys by circuit Cases addressing the teachings of CIGNA Corp. v. Amara (U.S. 2011) with respect to forms of available relief under ERISA Developments in preemption analysis as applied to a variety of state laws and claims Continuing developments that address claims of fiduciary breach in connection with employer "stock drop" and 401(k) plan fee and "revenue-sharing" claims

The Oxford Handbook of Conflict Management in Organizations

Author: William K. Roche
Publisher: OUP Oxford
ISBN: 9780191624568
Release Date: 2014-07-03
Genre: Business & Economics

New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.

Handbook of Human Resource Management in Government

Author: Stephen E. Condrey
Publisher: John Wiley & Sons
ISBN: 0470616091
Release Date: 2010-10-26
Genre: Business & Economics

The practice of public human resource management has evolved significantly in recent years due toincreased outsourcing, privatization, and the diminution of public employee rights. This thoroughly revised and updated edition of the classic reference Handbook of Human Resource Management in Government offers authoritative, state-of-the-art information for public administrators and human resource professionals. The third edition features contributions from noted experts in the field, including Donald E. Klingner, Mary E. Guy, Jonathan P. West, Jeffrey L. Brudney, Montgomery Van Wart, J. J. Steven Ott, Norma M. Riccucci, and many more. Praise for the Handbook of Human Resource Management in Government "This third edition of the Handbook of Human Resource Management in Government is an essential resource for scholars, practitioners, and general readers in need of concise summaries of up-to-date, cutting-edge, public personnel administration research. No other handbook on the market more concisely, more comprehensively, more clearly synthesizes this vast, rapidly changing field that remains so vital to effective government performance." —Richard Stillman, editor-in-chief, Public Administration Review "The Handbook of Human Resource Management in Government comprehensively and seamlessly blends theory and practice. The result is a clear road map that can finally make HR a key player in helping thegovernment meet the unprecedented challenges facing our nation, our states, and our communities." —Bob Lavigna, vice president, Research, Partnership for Public Service, Washington, DC "With each successive edition, Condrey's Handbook of Human Resource Management in Governmentbecomes a more essential tool for graduate students who wish to improve their understanding of this field. Condrey's own expertise has enabled him to take contributions from leading experts in the field and shape them into a reader that is comprehensive, engaging, and authoritative." —Donald E. Klingner, University of Colorado Distinguished Professor, School of Public Affairs, University of Colorado at Colorado Springs; former president, American Society for Public Administration; and fellow, National Academy of Public Administration "For anyone concerned with HRM in government, this updated and expanded volume is 'must reading.'"—Meredith Newman, president, American Society for Public Administration