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The 'Going and Coming' Rule
Under the “going and coming rule,” an accident that occurs off the employer's premises while an employee is going to or coming from work does not arise out of and in the course of employment. An employee's trip to and from work is a product of one's decision where to live, in which the employer has no interest. An injury that occurs while traveling to and from work is a consequence of risks or hazards to which all members of the traveling public are exposed. Those risks are not germane to the employer's work or business.
However, a traveling employee whose work involves travel away from the employer's premises is considered to be within the scope of employment, unless there is a distinct deviation so substantial that the employee abandons the job. A deviation may occur when an employee engages in a personal activity.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.