Features
Post-Petition Interest in a Solvent Case
<b><i>What Interest Rate Controls?</b></i><p><p>In today's low-interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors.
Features
Lower Pay for Women Partners in Law Firms
In the face of a glaring pay gap between male and female law firm partners, some firm leaders point to the emphasis on origination credit (bringing in new business) as the key culprit. But moving away from such a model may not be so easy.
Features
Food Courts and Their Leasing Issues
Although the concept has been very successful in the retail industry, a collection of tenants serving food and beverages in one location presents several issues and problems for both landlords and tenants. Those issues suggest certain aspects of food-court tenancy that should be discussed and addressed during lease negotiations, so that both landlords and tenants end up receiving what they expect to receive from the food court experience.
Features
Workplace Violence
<b><i>Minimizing Risk and Protecting Employees</b></i><p>According to the Occupational Safety and Health Administration (OSHA), approximately 2 million employees are victims of workplace violence each year. Violence in the workplace must be a top concern for employers, as no organization is immune from workplace violence and no organization can completely prevent it.
Columns & Departments
Bit Parts
No Sanctions Against Plaintiffs' Counsel for Frivolous Copyright Claim<br>
Features
The New Anti-Bribery Compliance Standard
The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.
Features
Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan
In <i>In re Reichhold Holdings US</i>, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Bankruptcy Court of the Southern District of New York that held otherwise.
Features
When Is Employee Hacking a Crime?
Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.
Features
Restrictive Covenants and Whistleblowing
<b><i>Warning from the SEC</b></i><p>In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.
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