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March 2010 Archives

Why Arbitration Agreements Are Un-American

I know that I blogged about this before, but the situation is only getting worse because the mood in the country is only getting more paranoid, suspicious and self-interested. Agreements to arbitrate employment rights claims, as well as claims involving many other rights, are being forced on Americans.

It's Time to Pierce the Corporate Veil in Discrimination Cases

One of the most frustrating doctrines of law for attorneys representing victims in discrimination and harassment cases is called the "corporate veil," which is a way of colorfully describing the legal "barrier" that exists between a corporation on the one hand and its owners, employees and agents on the other. Put very simply, the CEO of Exxon was not going to be personally liable for the oil spills, no matter how highly positioned in the company the CEO was, no matter how much money the CEO had, and no matter how much the CEO benefited from the practices that lead to the spill. The company was certainly liable, but not him, not unless his independent actions would subject him to other criminal or civil liability. Absent that special scenario, the fact that he was the "titular head" of the company didn't mean anything.