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NLRB: Class Action Waivers Unfair Under the NLRA Image

NLRB: Class Action Waivers Unfair Under the NLRA

Mark Blondman & Frederick G. Sandstrom

The NLRB recently called into question the growing practice of including class action waivers in employee arbitration agreements, holding that the mandatory waiver of an employee's right to pursue class or collective action litigation is an unfair labor practice under the NLRA.

Features

Advising Unsecured Creditors in Complex Bankruptcies Image

Advising Unsecured Creditors in Complex Bankruptcies

Robb C. Adkins & Beverly N. McFarland

This article explores the roles of examiners and trustees in Chapter 11 cases and focuses on how corporate counsel can best protect a client's position as a single unsecured creditor or party in interest, beyond filing a proof of claim or seeking relief from the stay.

Features

Wells Fargo Survey Forecasts Non-Residential Construction Activity to Increase Image

Wells Fargo Survey Forecasts Non-Residential Construction Activity to Increase

ALM Staff & Law Journal Newsletters

According to a recent survey, construction contractors and equipment distributors are optimistic that local non-residential activity will improve in 2012.

Features

Managing Employee Leave under the ADAAA and FMLA Image

Managing Employee Leave under the ADAAA and FMLA

Patricia Anderson Pryor

Managing employee leave has become a persistent and growing challenge at many companies. Here's why...

Features

Vicarious Liability Image

Vicarious Liability

Rupert M. Barkoff

When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?

Features

In the Spotlight: Lease Restructures Image

In the Spotlight: Lease Restructures

Elizabeth Cooper & Gregory McCavera

Although landlords do not want excess space to lease in a down market, there may be benefits to the landlord of a steady long-term income stream that offsets the impact of additional vacancy. In sum, for each side an early lease restructure may make sense.

Features

Drafting Better Commercial General Liability Insurance Requirements Image

Drafting Better Commercial General Liability Insurance Requirements

Aaron Potter

A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.

Features

Offshore, But Not Off-Center Image

Offshore, But Not Off-Center

Joanne Collett & Martin Ouwehand

The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.

Features

Proving Contributory Online Trademark Infringement Image

Proving Contributory Online Trademark Infringement

Richard Raysman & Peter Brown

The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

Features

Recourse Strategies In the New Age of .XXX Domain Names Image

Recourse Strategies In the New Age of .XXX Domain Names

Erin S. Hennessy & Jennifer R. Ashton

As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.

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