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Much Ado About Very Little: Revised Overtime Pay Regulations
The publicity and Congressional reaction surrounding the United States Department of Labor (DOL)'s proposed changes to the overtime pay regulations suggests that those modifications would result in a radical departure from the existing state of the law. An objective review of the changes, however, as initially proposed and as finally implemented reveals that the DOL actually did little to alter the legal landscape.
Indeed, the revised regulations will probably do nothing to clarify the application of the white-collar employee exemptions under the Fair Labor Standards Act (FLSA) or to reduce the increasing volume of litigation against employers who mistakenly classify personnel. As a consequence, the DOL will not accomplish either of its stated goals in undertaking
the revision of the regulations. Moreover, the DOL's recent effort will unfortunately postpone for the foreseeable future the real regulatory reform that is genuinely needed in an area that directly affects millions of employers and employees.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.