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Workplace Bullying Laws and Litigation
In recent years, there has been growing awareness about the serious and sometimes tragic effects of bullying. It is a serious concern on social media, in schools, and at work. Consequently, 26 states have considered adopting laws to address what some have called a “silent epidemic” in the workplace. While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
In the States
As of Jan. 1, 2015, California requires supervisory employees to receive training about abusive conduct. Tennessee anti-bullying policies for public employers went into effect in March. Other states will likely follow California's and Tennessee's lead by augmenting existing laws or passing new ones to address bullying. Even if there is no specific law about bullying in your state, employers may still be liable under existing hostile workplace, harassment, or discrimination laws. Independent of any legal obligation to do so, employers should endeavor to eliminate bullying in the workplace because of the negative impact it has on business. Bullying leads to exposure to claims and liability, decreased productivity, diminished morale, absenteeism and unwanted turnover of skilled employees.
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.