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Category: Law

Minimizing the Risk of Retaliation Claims from Employees

Interview with: Jean-Paul Durand, Vice President and Assistant General Counsel, Tech Data Corporation “Chief Litigation Officers (CLOs) need to safeguard their organization from the risk of retaliation claims,” says Jean-Paul Durand, Vice President and Assistant General Counsel, Tech Data Corporation. Organizations must ensure that the ethics and compliance program and

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Long running Kit Kat legal battle fails in EU courts

Confectionary multinational Nestle has this week failed to persuade European courts that it should grant the UK trademark request on the shape of its well-known chocolate bar, the Kit Kat. In a long-running case Nestle attempted to prove that the shape of the four-finger bar was what consumers used to

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Polygraphs in the Criminal Justice System

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an obligation to try to determine who is at fault and who is telling the truth about an incident. Sometimes, when

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Legal Theft By Adverse Possession

While I handle only personal injury cases and criminal defense cases,  on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of the property line which separates the two; the complaining party is mad that he no

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EEOC’s Sexual Orientation Ruling: The Legal Issue

The Equal Employment Opportunity Commission (“EEOC”) recently came to the conclusion that employment discrimination based on sexual orientation is already illegal under federal law. At first, this seems like a huge step forward for the gay, lesbian, and bisexual community in the United States. Unfortunately for them, as of right

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Getting Confessions: The Reid Interrogation Technique

Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at

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The Rising Tide of Settlement

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved,

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Brain Injury Turns Top High School Student into Dominatrix

What happens when a brain injury affects a car crash victim’s impulse control and libido? An auto accident  in August 2008 transformed Alissa Afonina from a bright young student into a dominatrix for hire. The Effect of the Brain Injury Traumatic brain injuries, like the one Afonina suffered, can affect

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