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Commercial Law

  • A spate of recent case law raises the question of which circumstances will enable advice rendered in benefits matters to be protected by the attorney-client privilege and the related work product doctrine.

    September 28, 2011Marcia S. Wagner
  • Highlights of the latest franchising cases from around the country.

    September 28, 2011Charles G. Miller and Darryl A. Hart
  • There are many ways in which federal and sister-state laws will affect the rights of same-sex couples married in accordance with New York's new Marriage Equality Act (DRL ' 10-A). Here, discussion continues on what some of those laws mean to New York same-sex married couples and how certain problems created by them may be lessened by careful planning.

    September 27, 2011Harriet Newman Cohen, Bonnie E. Rabin and Tim James
  • Separation agreements differ from other kinds of post-nuptial agreements because they are contracts between a husband and wife who remain married but live separate and apart. Where they contain the provisions required by law, these agreements have long been recognized in New York as being valid and binding, and not contrary to public policy.

    September 27, 2011Bari Brandes Corbin and Evan B. Brandes
  • So-called "mirror" orders can be a useful tool in the arsenal of lawyers who handle cases concerning international child travel and the prevention of potential international child abduction. So, what exactly is a mirror order, and how can it be employed to protect your client's parental interests?

    September 27, 2011Jeremy D. Morley
  • Pets are often overlooked when it comes to divorce, and their status in the law is uncertain. A look at recent case law.

    September 26, 2011Jaime L. Jano and Albert Momjian
  • The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.

    September 26, 2011Stanley S. Arkin and Howard J. Kaplan
  • This two-part series looks at the law governing a franchisor's ability to effectuate broadscale changes to its network. Part Two herein examines franchise network change triggered by an acquisition of the franchisor.

    September 26, 2011David J. Kaufmann
  • On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.

    September 26, 2011Kevin McCormick
  • Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?

    August 31, 2011E. Fredrick Preis, Jr. and and Joseph R. Hugg