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Recent Articles from Kimberly Atkins
EEOC background-check guidance attracts new scrutiny
Two years after a guidance warning employers against the overly-broad use of criminal background checks to screen potential new hires was issued by the U.S. Equal Employment Opportunity Commission, it is drawing renewed criticism from employers, business groups and lawmakers who say it is cumbersome at best and dangerous at worst.
Defense bar urges caution after ‘straw buyer’ ruling
This week’s ruling from the U.S. Supreme Court holding that a man who bought a firearm on behalf of another qualified buyer violated a federal law barring “straw purchases” of guns may be limited to its facts.
Effect of Supreme Court’s CERCLA ruling uncertain
The U.S. Supreme Court recently held that pre-emption language in the Comprehensive Environmental Response, Compensation and Liability Act aimed at overriding state statutes of limitation does not extend to statutes of repose.
Rulings may impact more than ‘patent troll’ cases
The U.S. Supreme Court has handed down a pair of decisions that could make it more difficult to bring patent infringement claims in some circumstances, which many observers expect to hamper so-called patent trolls.
Defense bar fears impact of police-chase case
The U.S. Supreme Court’s ruling that police did not violate the Fourth Amendment by shooting more than a dozen rounds into the car of a fleeing unarmed suspect is making defense attorneys and civil liberties advocates uneasy.
‘Raging Bull’ ruling may KO common defense in other cases
A recent U.S. Supreme Court ruling in a closely watched copyright case involving a classic Hollywood film may have dealt a knockout punch to a commonly used affirmative defense in a much broader range of cases, including patent litigation.
Allowing stop based on 911 call a slippery slope?
Criminal defense attorneys are expressing concerns about a recent decision from the U.S. Supreme Court holding that a vehicle search based on an anonymous 911 call was constitutional.
High court’s last argument of term could end in a bust
In the last oral argument of its term, the U.S. Supreme Court took up a closely-watched patent case that practitioners hoped would establish a standard for indirect patent infringement.
High court hears First Amendment retaliation case
The Supreme Court tackled a host of issues in a multi-layered First Amendment case involving alleged government corruption and claims of employment retaliation and qualified immunity.
High court ponders if state law nixes toxic tort claim
The ability of a group of North Carolina homeowners to bring a lawsuit over latent contamination in their well water will come down to the U.S. Supreme Court’s answer to a single, if technical, question: Is there a functional difference between a statute of limitations and a statute of repose?
Justices take on law barring false political speech
The justices of the U.S. Supreme Court seemed to cast some constitutional doubt on a state statute that prohibits making false statements about political candidates during oral arguments Tuesday.
Ruling averts avalanche of FICA refund requests
Avoiding what attorneys say could have been an “earthquake” effect from businesses rushing to file for a collective $1 billion in tax refunds, the U.S. Supreme Court recently held that severance payments are wages for federal tax withholding purposes.
