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 Christopher W. Olmsted
EEOC Has Broad Power To Subpoena Employer RecordsMembers Only Content
Christopher W. Olmsted, November 11, 2008

During the course of an EEOC investigation of an employer, the agency may subpoena records or request information about computer data. How broad is the EEOC's right to request this information?

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 Victoria  Pynchon
Don't Like Mediation Confidentiality? Hold a Settlement Conference InsteadMembers Only Content
Victoria Pynchon, October 26, 2008

Here in California, there's no stronger rule of confidentiality than that applied to a mediation. It cannot be impliedly waived like most privileges, including the near-sacred attorney-client privilege. Simmons v. Ghaderi, 2008 DJDAR 11107. You cannot be estopped from relying on it. Eisendrath v. Superior Court, 109 Cal.App.4th 351 (2003). And if you want your mediated settlement agreement enforced, you must strictly comply with the requirements of Evidence Code Section 1123. Fair v. Bakhtiari, 40 Cal.4th 189 (2006).

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 Michael E. Clark
Subprime Mortgages and Theories of Liability - Deja Vu? - Part FourMembers Only Content
Michael E. Clark, September 26, 2008

This part (Part Four) of the series provides links to and summarizes some of the more interesting observations made by made by leading commenators about various aspects of the subprime market collapse and related issues. Although a considerable amount of scholarly work is being conducted about various aspects leading to the collapse of the subprime mortgage markets, a lot of it seems to be educated guesswork—and should be critically analyzed. In addition to some of the suggested readings that I previously noted in Part One (click here), readers may find the following articles and reports particularly interesting.

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 Jonathan  Nirenberg
Genetic Information Nondiscrimination ActMembers Only Content
Jonathan Nirenberg, August 8, 2008

On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (”GINA”) of 2008. The statute had previously passed the Senate unanimously and the House by a 414 to 1 vote. Upon the President signing it, GINA went into effect immediately. The Genetic Information Nondiscrimination Act prohibits discrimination on the basis of genetic information with respect to health insurance and employment. Congress passed it in recognition that there are great opportunities for medical advancement from sequencing the human genome and other genetic advances.

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