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CA Workplace Religious Freedom Act Image

CA Workplace Religious Freedom Act

Rosanna Sattler & Laura Otenti

Employers often are faced with tricky legal dilemmas when employees ask to display religious symbols and take time off for religious observance. The most common religious request by retail employees is time off for a religious holiday, followed by requests to be excused from a dress code. Recent developments in both legislation and case law suggest that employers should only deny a religious accommodation when it would cause a quantifiable undue burden.

Features

Protecting Weak Online Trademarks Image

Protecting Weak Online Trademarks

Scott J. Slavick

Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.

Features

Landlord's Right of Relocation Image

Landlord's Right of Relocation

Glenn Browne

This article addresses issues that should be raised by the tenant based upon the landlord's relocation right, as well as certain strategic requirements that the tenant should insist upon before allowing the landlord to have a relocation right in the lease.

Features

The Landlord's Lien under the Uniform Commercial Code Image

The Landlord's Lien under the Uniform Commercial Code

David P. Resnick & Erin Brechtelsbauer

While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.

Features

In the Courts Image

In the Courts

Matthew J. Alexander & Christian E. Izaguirre

A recent case about sentencing guidelines.

Features

CFTC Rulemaking Under Dodd-Frank Paused Image

CFTC Rulemaking Under Dodd-Frank Paused

James Ching

An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies.

Features

FCPA Anti-Bribery Liability for a Subsidiary's Conduct Image

FCPA Anti-Bribery Liability for a Subsidiary's Conduct

Laurence A. Urgenson, William J. Stuckwisch, & Brigham Q. Cannon

The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Supreme Court Upholds Mandatory Arbitration in Employment Contract Image

Supreme Court Upholds Mandatory Arbitration in Employment Contract

Kevin Adler

Proponents of mandatory arbitration clauses were given a victory in November when the U.S. Supreme Court vacated a decision by the Oklahoma Supreme Court in which the Oklahoma court had ruled that an employment non-compete agreement could be reviewed by a state court, despite an arbitration requirement in an employment contract.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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