Older workers' releases must be drafted carefully; the 'Oubre' decision nullifies OWBPA waivers that do not strictly comply with the law

Article Abstract:

The Supreme Court rejected the 'tender back' theory in Oubre v. Entergy Operations, Inc., holding that a waiver of an Age Discrimination in Employment Act (ADEA) claim not complying with the Older Workers Benefit Protection Act (OWBPA) is unenforceable as a waiver of an ADEA claim. The Oubre release did not comply with the OWBPA in several respects and the employee did not try to tender back the consideration before filing the claim.

Employment discrimination, Age discrimination

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Avoiding bite of ASP relationships gone bad; application service providers do wonders, but users must carefully construct service agreements to address potential trouble

Article Abstract:

Designing service agreements with application service providers (ASPs), entities which take over the running of a company's technology infrastructure, is discussed. In addition to identifying the required services, technical support, and performance standards to be met, remedies for the ASPs failure to meet these standards should be set out.

Contracts, Application service providers

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Courts grapple with lead-counsel auctions; a number of new decisions address whether lawyers may bid for top spot in class actions

Article Abstract:

Cases regarding whether lawyers can bid for the job of lead counsel in class actions are discussed. In re Cendant Corp. litigation was a ruling on this issue to come down in 2001.

Class actions (Civil procedure), Class action lawsuits

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