Supreme Court Telephone Seminars - Training Resources

Economic Nexus Standards in State Taxation ...ndards rooted in the U.S. Constitution. In 1992, the U.S. Supreme Court reaffirmed its longstanding rule and held in Quill Corp. v. North Dakota that nexus requires some form of physical presence in the taxing state. In today's economy, however, states are continuing to push nexus limits farther than ever before and have begun to reach beyond traditional notions of nexus by relying on economic  more...

Recent Updates to the EPA's Brownfields Program ... risks to brownfields development resulting from a recent Supreme Court case and environmental risks associated with vapor intrusion. Learning Objectives - You will be able to summarize regulatory updates. - You will be able to predict how the stimulus package will affect Brownfields programs. - You will be able to analyze global warming and the brownfields development. - You will be able to  more...

Daubert Motions: Challenging Expert Opinions ...Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This teleconference  more...

Lawful Hiring ...laims often arise out of the hiring process. The new U.S. Supreme Court decision in Ricci v. DeStefano, 557 U.S. ___ (2009) shows how an employer (the New Haven Fire Department in that case) can violate discrimination laws when taking steps to attempt to achieve nondiscriminatory selection and testing procedures. This teleconference will cover the leading laws that regulate or affect the  more...

Current Issues in Attributional and Agency Nexus ...ndards rooted in the U.S. Constitution. In 1992, the U.S. Supreme Court reaffirmed its longstanding rule and held in Quill Corp. v. North Dakota that nexus requires some form of physical presence in the taxing state. However, physical presence is not limited only to direct presence. It may also be established indirectly through relationships with third-parties in the taxing state. In today's  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ...Supreme Court has historically recognized that analyzing and ultimately judging the conduct of police officers requires an acknowledgment and appreciation that, particularly in the context of the use of force, the court and trier of fact must take into account the circumstances under which police officers must make such decisions. The Court has also historically emphasized that district courts  more...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision ...Supreme Court in Arizona v. Gant, 556 U.S. ___ (2009) changed the way police must handle the search of an automobile incident to an arrest. For nearly as long as the automobile has existed, the Supreme Court has found an exception to the general Fourth Amendment warrant requirement for the search of cars if the search is based upon probable cause. See Carroll v. United States, 267 U.S. 132  more...

Enforcing Arbitration Agreements: 14 Penn Plaza and Other Recent Developments in Arbitration of Statutory Employment Claims ...4 Penn Plaza v. Pyett, 07-581 (S. Ct. April 1, 2009), the Supreme Court held that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory age discrimination claims. This decision continues the trend of enforcing agreements to arbitrate employment discrimination claims. 14 Penn Plaza should cause all legal professionals to consider the advantages of  more...

California Employment Law Update nCompanies with employees in California face a bewildering and complicated set of employment laws, which are often inconsistent with federal law. This three-hour teleconference will address the most important and current issues facing California employers (or out-of-state companies with employees in California), including wage and hour compliance and litigation trends, California's unique  more...

Impact of the New ADA Amendments on Schools ... Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United Airlines [1999], Toyota v. Williams [2002] and others) severely narrowed the range of disabled individuals considered eligible for ADA protection. Responding to concerns of both labor and education, Congress passed a body of amendments to ADA in September 2008 which effectively overturned the  more...

401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc. nUnhappy employees, U.S. Department of Labor investigations, IRS investigations, massive class action lawsuits - an ever-expanding list of factors bombards sponsors of 401(k) plans and places companies and their management potentially in the cross hairs. From Enron, Worldcom and Sarbanes-Oxley, to the more recent massive class actions filed against Fortune 500 companies regarding 401(k) plan  more...

Employee Retaliation: Supreme Court Update ...es of upholding such claims. Most significantly, the U.S. Supreme Court recently determined in CBOCS West, Inc. v. Humphries, 128 S.Ct. 1951 (2008) that employees can bring retaliation claims under Section 1981, a post-Civil War era race discrimination act, even though the law does not expressly refer to retaliation. Moreover, the CBOCS West decision recognizes a retaliation claim brought by an  more...

Same-Gender Marriage Rulings: Impacts on Employee Benefit Plans Across the Nation ...Supreme Court ruled that the state cannot deny same-gender couples the right to marry. Same-gender couples - many of them, in fact - flocked to California and started getting legally married on June 17, 2008. But then in November 2008, California voters approved Proposition 8, which bans same-sex marriage going forward. Massachusetts and Canada also allow same-gender marriage, and more than  more...