William C. Martucci, Brian P. Baggott,
&
Michael B. Barnett
For corporate attorneys, questions about how an employer can limit both the costs associated with and exposure to wage-and-hour claims have become ever more difficult. Employer-employee arbitration agreements may be part of the answer.
The business and disability rights communities are uniting behind long-awaited, final regulations implementing the 2008 Americans With Disabilities Amendments Act. The regulations become effective on May 24, 2011.
The massive class action against retail giant Wal-Mart Stores Inc. ran into stiff resistance at the U.S. Supreme Court on March 29, after surviving lower court challenges ever since it was launched 10 years ago. 'It's not clear to me: What is the unlawful policy that Wal-Mart has adopted?' said Justice Anthony Kennedy, who as usual is the likely swing vote in the closely watched business case <i>Wal-Mart v. Dukes</i>.
This article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.
Retaliation claims are the most dangerous and powerful of allegations under Title VII. The <i>Thompson v. North American Stainless LP</i> decision has the potential to dramatically expand the scope of such claims.
Unlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?
It remains to be seen how the Supreme Court will rule on its first USERRA case this spring, but a review of compliance with USERRA should be every employer's priority.
With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
