Features
DOL: Same-Sex Partners May Qualify For FMLA Leave
In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand <i>in loco parentis</i> to a child.
Features
Employers Beware
Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.
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Valuing Payments in Lieu of WARN Notice
Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.
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'Matrimorphology'
Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.
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Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
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The State of the Credit Markets: Implications for the Restructuring Community
A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.
I Caught It ' Can I Keep It? <b><i>Keeping Your Client Out of the Competitive Pool</i></b>
The conventional wisdom is that it costs more to get a new client than to keep an old one. And for once, the conventional wisdom is correct. Yet, many professionals too readily take clients for granted. Or don't look for opportunities to increase revenues from perfectly satisfied clients.
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Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
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Obtaining Assent in Today's e-Conomy
A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.
Features
New Ninth Circuit Rulings on Implied-Contract Claims Provide Guidance for Idea-Submission Cases
In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. <i>Grosso v. Miramax Film Corp.</i> The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited <i>Grosso</i>. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
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