Recent Articles from Kimberly Atkins
Proposed FMLA reg would require benefits for same-sex couples
A proposed federal regulation requiring employers to provide legally-married same-sex couples with benefits under the Family and Medical Leave Act regardless of their employees' state of residence could help clear up some complications caused by conflicting federal and state laws.
EEOC’s background check rules remain controversial
A two-year-old EEOC policy warning employers against the overly broad use of criminal background checks to screen potential new hires continues to draw fire.
Supreme Court leaves most greenhouse gas regulations in place
States and business groups challenging controversial Environmental Protection Agency regulations aimed at curbing greenhouse gas emissions won a battle, but largely lost the war, after a U.S. Supreme Court ruling left the agency’s regulatory scheme largely intact.
High court ruling leaves open questions on software patent eligibility
The U.S. Supreme Court held last week that some, but not all, computer-implemented software functions are too abstract to qualify for a patent.
False advertising case rejects pre-emption defense
The legal food fight between a juice manufacturer and Coca-Cola Co. will continue in federal court now that the U.S. Supreme Court has ruled that a false advertising claim was not precluded by federal law.
Defense bar urges caution after ‘straw buyer’ gun ruling
A U.S. Supreme Court ruling that a man violated a federal law barring “straw purchases” when buying a firearm on behalf of another qualified buyer may be limited to its facts.
Effect of Supreme Court’s CERCLA ruling uncertain
The U.S. Supreme Court recently held that preemption language in CERCLA aimed at overriding state statutes of limitation does not extend to statutes of repose.
Police chase case raises concerns among defense bar
The U.S. Supreme Court’s ruling that police did not violate the Fourth Amendment by shooting into the car of a fleeing unarmed suspect is making defense attorneys and civil liberties advocates uneasy.
‘Raging Bull’ copyright ruling may knock out common defense in patent cases
A recent U.S. Supreme Court ruling in a closely-watched copyright case involving a classic Hollywood film may have dealt a knockout punch to a commonly used affirmative defense in a much broader range of cases, including patent litigation.
Defense lawyers fear slippery slope after ruling on anonymous calls
Criminal defense attorneys are expressing concerns about a recent decision from the U.S. Supreme Court holding that a vehicle search based on an anonymous 911 call was constitutional.
Supreme Court’s affirmative action ruling adds twist to same-sex ban cases
The recent U.S. Supreme Court ruling upholding a state law barring the consideration of race in public university admission decisions is having an immediate effect on a set of closely watched appeals involving an entirely different issue: the constitutionality of state same-sex marriage bans.
Supreme Court looks for limits in cellphone-search cases
The attorneys arguing in U.S. v. Wurie and Riley v. California urged the court to draw a bright line with respect to the ability of police to search the contents of arrestees’ cellphones.
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Top stories
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