An expansion of BNA Books Sexual Harassment in Employment Law providing the most complete coverage of harassment issues in the workplace Workplace harassment has become one of the most litigious areas of employment law, with thousands of cases being brought against employers, resulting in millions of dollars in litigation costs and awards. BNA Books first addressed this explosive subject in its seminal treatise Sexual Harassment in Employment Law. Given the expansion of the theories of liability for harassment, however, and the evolution of employer and employee rights and obligations, litigators and employers need an updated reference that addresses the entire spectrum of workplace harassment issues. The new Workplace Harassment Law provides the comprehensive coverage that attorneys need when bringing or defending a suit, offering guidance from seasoned practitioners, as well as multi-perspective analysis. The treatise examines the nuts and bolts of workplace harassment law, from requirements for bringing a suit, to establishment of harassment and actionable forms of harassment, to determination of employer liability. The treatise also discusses many different types of suits, including for harassment based on gender, race or color, national origin, religion, age, disability, association, and proximity. It starts with a history of workplace harassment, analyzing legislation that has come to define workplace harassment law, including opinions of the federal appellate courts interpreting Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws. Looking at the requirements for bringing a case, Workplace Harassment Law explores timeliness and timely exhaustion of administrative remedies; the parties involved in a claim; and establishment of the causal connection, one of the most important requirements of a harassment claim. The treatise discusses the causal connection with respect to each of the protected classes, and provides analysis of laws regarding retaliation and other adverse employment actions for opposing workplace harassment on the basis of these protected classes. The treatise provides a thorough examination of actionable forms of harassment, discussing: Tangible employment actions alleged to result from harassment Hostile work environments caused by conduct (a) so severe or pervasive that it creates an environment that any reasonable person would find hostile or (b) that the plaintiff perceives as creating a hostile work environment Criteria used to determine whether the harassment creates a work environment so intolerable that any reasonable person would quit Finally, the treatise moves to the topic of employer liability, analyzing: Quid pro quo cases, in which an employer is automatically liable for harassment by a supervisor Employer liability for harassment culminating in a tangible employment action Vicarious liability for hostile work environments wherein the harasser wields supervisory authority over the plaintiff, and the ways to reduce or avoid liability in such cases Employer negligence the most commonly invoked theory of employer liability Count on this newly expanded resource to provide expert analysis of the latest issues surrounding workplace harassment and sound advice on both avoiding and litigating harassment claims.litigating harassment claims.

Workplace Harassment Law

Barbara T. Lindemann

David D. Kadue

Reference

BNA Books, A Division of Bureau of National Affairs

The decisions handed down in trademark cases can have diverse and far-reaching commercial and social impact. For trial lawyers facing the challenge of litigating Lanham Act cases, extensive knowledge of the complexities of both litigation procedure and trademark law is key. And few one-volume desk references provide the detailed procedural and substantive analysis of trademark litigation that is offered in BNA Books Trademark Litigation Practice.

Trademark Litigation Practice

David S. Fleming

John T. Gabrielides

Intellectual Property

Reductions in Force in Employment Law, Second Edition, provides a comprehensive understanding of the key employment and employee benefit considerations that arise in a reduction in force. The material in this soup-to-nuts volume is presented in logical order, from the preliminary issues that arise when planning a workforce reduction, to its implementation, and to the issues arising in its wake. This treatise encompasses a wealth of information, including: careful analyses of discrimination law issues; the often complex disclosure and other issues attendant to releases of ADEA claims; ERISA and non-ERISA benefit plan issues; tax considerations, including an examination of golden parachute penalties; and litigation trends related to severance benefits and the amendment and termination of benefit plans used in the reduction-in-force context. The Second Edition of Reductions in Force in Employment Law contains revised material addressing significant new developments, which include: How layoff selections can violate the federal Sarbanes Oxley Act and how the new federal Family and Medical Leave Act entitlements, effective as of January 2009, may impact layoff selections. Innovative RIF benefit programs implemented in certain industries following the 2008 worldwide financial panic. The American Recovery and Reinvestment Act of 2009 (ARRA), and specifically, the subsidy offered under ARRA to employers for COBRA premiums. The furnishing of statistical information required under the Older Workers Benefit Protection Act (OWBPA) for valid releases of ADEA claims. The federal Worker Adjustment and Retraining Notification Act (WARN Act) and all of its latest developments, as well as each analogous state WARN act. Whether an employee lawfully may have amounts from severance payments invested in 401(k) plans or treated as deferred plan contributions.

Reductions in Force in Employment Law, 2nd Edition

Ethan Lipsig

Business

Biotechnology and the Federal Circuit, Second Edition is the only reference work that provides an in-depth consideration of the entire body of Federal Circuit precedent in the rapidly developing area of biotechnology. This new edition integrates the court s decisions in chemical, biotechnology and pharmaceutical cases with an analysis of the current law. Unique in its detailed discussion of precedent and critical analysis of jurisprudence, patent prosecutors, litigators, and in-house counsel alike can count on this treatise for the guidance to navigate through the labyrinth of Federal Circuit biotechnology patent law. The new Second Edition offers full analysis and incisive, expert commentary on recent en banc Federal Circuit and Supreme Court decisions which have rewritten the law applied to biotechnology inventions and altered the basic legal principles governing patentability and infringement. This edition includes extensive revisions and updates to the original volume and supplements, and encompasses the most recent Federal Circuit precedent.

Biotechnology and the Federal Circuit, Second Edition

Kenneth J. Burchfield

Rules & Procedures

In the 2009 Cumulative Supplement to Trade Secrets: A State-by-State Survey, Third Edition you ll find analysis of a number of issues critical to trade secret practice across the nation, including whether the execution of a trade secret nondisclosure clause can be relevant to a determination of whether particular information constitutes a trade secret under Iowa law.Whether access to trade secrets or other confidential information constitutes good consideration for a covenant not to compete under Montana law.Whether the inevitable disclosure doctrines are available under New York, Ohio, or South Carolina law.The effect proof of a defendant s ability to use the plaintiff s trade secrets can have on irreparable injury determinations and, in turn, on injunctive relief analysis under Rhode Island law.The effect proof of a breach of a noncompetition covenant has on requests for exemplary damages for willful and malicious violations of the Rhode Island trade secrets statute.

Trade Secrets: A State-by-State Survey, 3rd Ed, 2009 Supplement

ABA Section of Labor & Employment Law

Brian M. Malsberger

Canadian Labour and Employment Law for the U.S. Practitioner, 2nd Ed, 2009 Cumulative Supplement

Douglas G. Gilbert

Brian W. Burkett

Moira K. McCaskill

The 2009 Cumulative Supplement to Employment Discrimination Law, Fourth Edition provides updates including court of appeals decisions from July 2005 to June 2008. Supreme Court decisions and orders through the end of the 2008 2009 term including the important ruling in Ricci v. City of New Haven, Gross v. FBL Financial Services, Inc., and Pyett v. Penn Plaza.Discussion of the Lily Ledbetter Fair Pay Act of 2009.

Employment Discrimination Law, 4th Ed, 2009 Supplement

ABA Section of Labor and Employment Law

Paul Grossman

Barbara Lindemann

Get the full, updated text of the Employee Retirement Income Security Act (ERISA) and relevant portions of the Internal Revenue Code (Tax Code) in the new 2009 Edition of ERISA: The Law and the Code, an essential desktop reference for pension and benefit practitioners. The 2009 Edition covers amendments made by the Worker, Retiree, and Employer Recovery Act of 2008; the American Recovery and Reinvestment Act of 2009; and the Children's Health Insurance Program Reauthorization Act of 2009, including provisions for A one-year multiemployer pension plan freeze on funding status,A new COBRA premium subsidy,New requirements for coordination between public and private coverage for children.ERISA: The Law and the Code, 2009 Edition features Recent Amendment notes that track all of the changes made to the Tax Code sections back to the Economic Growth and Tax Relief Reconciliation Act of 2001, and a complete history of every amendment made to each reprinted section of ERISA, in an easy-to-follow format. Amendment notes also track relevant non-amending legislative material helpful to understanding ERISA and the Tax Code.

Erisa: The Law & The Code, 2009 Edition

ESQ.

Sharon F. Fountain

Family Law

The 2009 Cumulative Supplement to Pharmaceutical Law: Regulation of Research, Development, and Marketing is updated with discussions covering several new topics, including:Kennedy-Enzi, the Enhancing Drug Safety and Innovation Act of 2006,The Food and Drug Administration Amendments Act of 2007.The FDA and Preemption in the Context of Labeling and Drug Safety,FDA Authority to Regulate Tobacco Products,Changes to DTC Marketing Made by the Food and Drug Administration Amendments Act of 2007,Preemption of State Law-Based Personal Injury Actions Due to Pervasiveness of Federal Drug Approval Framework,An Overview of Off-Label Prescription and Promotion, Summary of 2008 Draft Guidance,The Health Information Technology for Economic and Clinical Health (HITECH) Act,The Genetic Information Nondiscrimination Act of 2008,HIPAA Enforcement,The Federal Acquisition Regulations: Mandatory Disclosure and Amplified Compliance Programs for Government Contractor,Lanham Act Violations,Class actions.

Pharmaceutical Law: Regulation of Research, Development, and Marketing, 2009 Cumulative Supplement

ABA HEALTH LAW SECTION

The 2009 Cumulative Supplement gives you both the how-to and the why-to of patent litigation, with specific, proven tactics for protecting your clients interests. You get updates and expanded discussion and analysis of the most recent trends in patent litigation. For example, pharmaceutical patent litigation is one of the most active areas while only about 3 percent of all patent cases go to trial, the number of ANDA cases being tried is significantly higher. This treatise gives you winning strategies from many of the country s leading attorneys from both a patent owner s and a patent challenger s point of view. Of more general concern has been the confusion and controversy over claim construction that has followed the Federal Circuit s 1995 Markman decision. The 2009 Supplement Edition gives you the latest procedural developments and pronouncements on claim construction and how to address them.

Patent Litigation Strategies Handbook, 2nd Edition, 2009 Cumulative Supplement

ABA Section of Intellectual Property Law

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