Terminating Employees
This article discusses three of the most common errors made by employers, all of which can be easily avoided.
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How to De-ICE Your Business
The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.
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Mall's 'Minimal Precautions' Spare It Liability for Murder
Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.
In the Spotlight: Should You Consider a Sale-Leaseback?
This article looks at some of the benefits and downsides of sale-leasebacks, and discusses some of the factors to consider to achieve optimum results in structuring one.
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Adding a Fuel Facility to Boost Sales
This brief review of some of the issues that may be encountered in leasing a fuel facility clearly establishes that adding a fuel facility to a retailer's portfolio of properties is anything but easy.
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Unspecified Tax Purposes in Marital Settlements
Under current law, ' 71(b) of the IRC sets out requirements that are said to be objective and independent of state law, obviating the "subjective" search for the support obligation under prior law. This article discusses two of these requirements.
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Qualified Medical Support Orders
The requirement to maintain health insurance is unique because legislatures and courts are reluctant to place obligations on divorcing parents above and beyond what is required of an intact family.
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Interviewing Children
Most legal professionals who have been assigned the task of interviewing children have little, if any, training in conducting a forensic interview of children. Here's how.
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
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