As of Sept. 1, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
- October 26, 2009Joel Stashenko
The specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.
October 26, 2009Joseph J. Ortego and Barbara A. LukemanThis article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
October 26, 2009William J. WortelThe Third Circuit recently delivered a significant clarification on economic damages in employment matters. In Eshelman v. Agere Systems Inc., the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay.
October 26, 2009Chad L. Staller and Stephen M. DrippsThere is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.
October 26, 2009Josh Davis and Neil McKittrickThis article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The what and how of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about why a lawyer might want to use social media.
September 29, 2009Evan BrownA byproduct of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing). Historically, DIP financings have had the lowest default rates among commercial loans, and until the recent market disruption, only two significant DIP loans had defaulted, and only one of those resulting in a sub-par recovery.
September 29, 2009Michael H. Torkin and Danielle B. KalishThis article: 1) as a matter of background, discusses the basic economics of a TALF loan backed by equipment ABS and provides a general overview of the collateral eligibility requirements of TALF relating to equipment ABS, and 2) discusses the key hurdle (i.e., achieving a AAA rating) prospective issuers have encountered, and will likely continue to encounter in the near term under the existing paradigm, in their attempts to structure and execute equipment ABS in the current market.
September 29, 2009J. Benjamin Earthman and Evan WilkoffDoing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.
September 29, 2009Jonathan Bick and Karen BergerA Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.
September 29, 2009Mark Hamblett

