Robert N. Holtzman


  • Tuesday, May 1, 2007
    In recent years, last chance agreements ("LCA") and return to work agreements ("RWA") have been gaining support from employers and courts alike. Under these agreements, instead of terminating an employee on the spot for committing an infraction, employers permit the employee to return to work subject to conditions specified in the LCA or RWA. These...
  • Tuesday, May 1, 2007
    Employers frequently condition the payment of post-employment or deferred compensation on an employee's compliance with a noncompete agreement. Such an arrangement has long been enforceable in New York under the "employee choice" doctrine. This doctrine holds that an employee who chooses to resign and violate his or her noncompetition obligations can be...
  • Monday, January 1, 2007
    In Equal Employment Opportunity Commission v. Target Corp., 460 F.3d 946 (7th Cir. 2006), the Seventh Circuit Court of Appeals reversed a federal district court's grant of summary judgment in favor of Target, finding that triable issues existed as to whether the retailer failed to hire African American job applicants for managerial positions based on their...
  • Monday, January 1, 2007
    The Second Circuit Court of Appeals affirmed a jury finding of age discrimination premised upon alleged disparate impact in Meacham v. Knolls Atomic Power Lab. a/k/a KAPL Inc. , 381 F.3d 56 (2d Cir. 2004) (" Meacham I "). On remand from the United States Supreme Court, the Second Circuit reversed position, finding that the plaintiffs failed to prove that...
  • Tuesday, February 1, 2005
    Part I of this article appears in the December 2004 issue and Part II appears in the January 2005 issue of The Metropolitan Corporate Counsel. The Investigation ReportAnd Remedial Action
  • Saturday, January 1, 2005
    Part I of this article appears in the December 2004 issue and Part III appear in the February 2005 issue of The Metropolitan Corporate Counsel and will focus on the investigation report, remedial action and special issues implicated by the Sarbanes-Oxley Act. Planning the Investigation
  • Wednesday, December 1, 2004
    Parts II and III of this article appear in the January 2005 and February 2005 issues of The Metropolitan Corporate Counsel. Part II will focus on planning and conducting the interviews.