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Steven H. Schwartz & Associates, P.L.C.

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Genetic Information

Schipper | 29 August, 2008 12:17

The recently enacted federal Genetic Information Nondiscrimination Act of 2008 ("GINA") will become effective November 21, 2009. GINA will broadly prohibit discrimination on the basis of genetic information in employment and health insurance. GINA will also amend the Fair Labor Standards Act concerning child labor, increasing penalties for such violations.

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Realizing the Promise of Arbitration

Schwartz | 29 August, 2008 12:02

In the mid-1990's, alternative dispute resolution, particularly arbitration, was considered by many plaintiff and defense attorneys to be the answer to costly, lengthy litigation. Courts embraced the concept of arbitration and found ways to encourage parties to submit to arbitration, especially in low dollar claims or in highly technical, complex disputes. Arbitration was promised to be faster, more rational and considerably less expensive than traditional litigation. For the plaintiff, it promised a guarantee of a "day in court" and avoidance of summary disposition. For the defendant, it promised a fair hearing conducted by an experienced, independent attorney, rather than a jury which might be more disposed to rule based on sympathy rather than evidence.

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