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The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act Image

The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act

David Van Pelt

<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.

Features

Twists and Turns of Copyright Litigation Over <i>Jersey Boys</i> Musical Reach Latest Stage Image

Twists and Turns of Copyright Litigation Over <i>Jersey Boys</i> Musical Reach Latest Stage

Vincent Peppe

Since 2007, the development of the musical has been the source of protracted litigation that reached its latest stage in June 2017.

Features

Genomic Testing: The Perils and the Pitfalls Image

Genomic Testing: The Perils and the Pitfalls

Linda S. Crawford

There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.

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The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE Image

The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE

Janice G. Inman

The case of <I>Lewis v. Shulkin</I>, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.

Features

The Effect of Safety Regulations on Product Defect Claims Image

The Effect of Safety Regulations on Product Defect Claims

George W. Soule

This article addresses some considerations for counsel in offering or defending against evidence of safety regulations.

Features

POCs and the FDCPA: A License to File Image

POCs and the FDCPA: A License to File

Chris Hawkins & Karlene Archer

Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).

Features

Why Associates Leave and How You Can Get Them to Stay Image

Why Associates Leave and How You Can Get Them to Stay

Tina Cohen & Jennifer Henderson

When a seemingly happy and successful associate announces the decision to move on, his or her firm can be left feeling shocked and confused. This article provides insight behind these moves, and what law firms can do to make their top associates want to stay.

Features

Easy As FMV: Modern Fair Market Value Renewal Methods Image

Easy As FMV: Modern Fair Market Value Renewal Methods

John G. Kelly

This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.

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Public Trust Doctrine Thwarts Willets Point Redevelopment Image

Public Trust Doctrine Thwarts Willets Point Redevelopment

Stewart E. Sterk

In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.

Features

Does the Auxiliary Aids Standard Apply To Websites? Image

Does the Auxiliary Aids Standard Apply To Websites?

Robert A. Naeve & Jaclyn B. Stahl

<b><i>Gil v. Winn-Dixie Stores, Inc.</b></i><p>After years of demand letters, complaints and settlements, a website accessibility lawsuit under Title III of the Americans with Disabilities Act finally went to trial. The case is remarkable not just because it is the first of its kind to go to trial, but also because the court's opinion does not consider whether a website owner can employ alternatives other than WCAG 2.0 to make website content "accessible."

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    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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