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ABA Section of Business Law


Volume 11, Number 4 - March/April 2002

The cutback that cuts the wrong way
Older workers claim disparate impact
By Julie Badel
  Yes, employers sometimes need to weed out employees who are not quite cutting it. But how to cut them? Rank and yank? Since grade inflation from schools has crept into the workforce and supervisors are afraid of confronting their workers, there has to be a way to do it that won't single out certain types of employees -- such as those who are older than others.

Telecommuting tradeoffs
Freedom and the law
By Lori D. Bauer
  How do you manage a telecommuting workforce? Since the Internet has made telecommuting easier, how should the far-flung workers be handled? A guide to the types of telecommuting and their pros and cons.
Some preventive strategies
Telecommuting: The good, the bad and . . .
A few things to keep in mind

Is that discrimination?
How to handle employee charges
By Dino Panagopoulos
  How should administrative charges of discrimination be handled? The key is to treat all employees the same in similar circumstances. The charges could range from racism to sex discrimination. The key is how the company deals with the charge.

Not a foreign concept
Be humane when firing workers who aren't citizens
By Lynda S. Zengerle
  What is the effect of downsizing on employers and their foreign workers? It can depend on the kind of visa a worker has. There are potential landmines for employers that your client company should know about.

Intellectual property for a wired world
Protection is more important than ever
By Justin Daily
  Especially in today's "at the speed of the Net" communications, it is easier than ever to steal, copy and produce goods in violation of intellectual property rights. What is protected in the United States may not be protected abroad. Time to bring your client company up to speed.

Changed circumstances or buyer's remorse?
Delaware says the deal stands
By Gregory Bishop
  The buyer is remorseful. Was it a good deal? Maybe not. Then what? How about using the "material adverse change" as an out when a company has changed its mind about a merger? Remember that there is strong public policy in favor of closing a merger and acquisition.

How over there affects over here
What an employer should do when duty calls
By Stephanie R. Derby
  With the post 9-11 call-up of the National Guard and the Reserves, employers need to understand the obligations they may have under federal law to employees who serve in the uniformed services. This Q&A explains some of the Uniformed Services Employment and Re-employment Rights Act of 1994's (USERRA) more important requirements.

A new Article 9 secures those loans
What it all means for filings in Delaware
By David Ley Hamilton and Michael Houghton
  The subject is the revised Article 9 of the Uniform Commercial Code. It secures a loan with collateral other than real estate. The authors explain the changes and how it works.
Delaware's volume up
Some terms to keep in mind

Departments
  Snap Judgments
Legal-Ease
Section Calendar
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