Commercial Law

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All the latest you need to know.

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In last month's issue, the authors discussed the concept of "Never Events": things that should never occur absent negligence in hospitals or other health care settings. The discussion concludes herein.

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Pension benefits can account for 50% or more of the damages in a wrongful death or injury matter. This article presents an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.

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It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?

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Employers should revisit and review the language of any arbitration agreements in light of a Guideline Memorandum (GC Memo) issued by Ronald Meisburg four days before stepping down from his post as General Counsel for the National Labor Relations Board (NLRB).

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This article provides helpful "do's" and "don'ts" to be used in constructing and evaluating employees' noncompete, nonsolicitation and confidentiality agreements.

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Two laws come into play in cases of employment discipline for medical marijuana use ' the Americans with Disabilities Act (ADA) and the law of the specific state where the employee works.

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The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.