Commercial Law

Features

In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.

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The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.

It's been suggested by several readers that our orientation toward professional services marketing, as opposed to product marketing, is a prejudice. Admittedly, it's at least a bias against a pervasive academic view that the techniques of marketing a product apply equally to marketing a professional service. And indeed, the most successful professional services marketers tend to look to other professional services firms for answers and the best ideas, as well as for validation of their own ideas and processes. Still, it would be foolish to automatically preclude any idea that's been forged in a marketplace of ideas. In a rational world, we take ideas from any reasonable place, accept the good ones, and eliminate the ones that are bad or not applicable. That means that are things to be learned by professional services marketers from the Toyotas and Microsofts and Dells of the world.

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The latest happenings in the med mal arena.

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In adjusting medical malpractice losses, insurers, attorneys and claim professionals encounter recurring opinions on and challenges to effective claims-handling. Here are four common medical malpractice claim fallacies, and the reasons why they wilt under close scrutiny.

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Many law firms are adopting corporate social responsibility (CSR) programs as a means to gaining a competitive advantage over other firms. They are developing and utilizing these programs to promote and advertise yet another dynamic of their organization.

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The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.

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After almost seven years since inception, the lawsuit by adidas against Payless ShoeSource, Inc. ended at the trial level with a jury verdict against Payless in the amount of $305 million. Payless was found guilty of willful federal trademark and trade dress infringement, trademark and trade dress dilution, and state-law unfair and deceptive trade practices as a result of its sale of footwear bearing confusingly similar imitations of adidas's famous Three-Stripe Mark and Superstar Trade Dress.