Archive for December, 2010

Employers and the newly expanded ADA

In the ADA Amendments Act, signed by then-President George W. Bush in 2008 and taking effect the next year, Congress drastically expanded the scope of disabled-rights law, to cover, for example, persons “regarded as” disabled, as well as other formerly uncovered categories. According to one attorney advisor, employers from here out should basically assume everyone in their workforce is going to qualify as “disabled” if push comes to shove: “Challenging the employee’s ‘disability’ status is a waste of time with the new expanded definition of ‘disability’.” [Robin Shea, Employment and Labor Insider]

“Securities Class Actions Mostly Punish Shareholders, Study Finds”

“A new study in the Financial Analysts Journal casts serious doubt on the premise [of litigation social efficiency], at least when it comes to shareholder class actions. In most cases, the authors found, the litigation mainly serves to punish shareholders who have already suffered from a downturn in their stock. Only suits targeting illegal insider trading, and to a lesser extent, accounting fraud were associated with subsequent higher long-term returns.” [Dan Fisher, Forbes; Rob Bauer and Robin Braun, “Misdeeds Matter: Long-Term Stock Performance after the Filing of Class-Action Lawsuits”] More: Coyote.