Weighing the Creation of New Partners During Difficult Economic Times
It is vitally important that partners examine the culture of their firm before making blanket modifications to the partnership structure or admission practices simply to satisfy current, and perhaps short-term, economic issues.
Disability-Related Misconduct
One question that many courts have grappled with is whether and to what extent accommodations must be made for a disabled person who engages in misconduct as a result of his or her disability. This article examines the divergent approaches that courts have taken in their resolution of that issue.
Mandatory Retirement in Law Firms and Other Partnerships
A recent settlement between New York-based law firm Kelley Drye & Warren LLP and the U.S. Equal Employment Opportunity Commission (EEOC) compels a second look at mandatory retirement in law firms and other partnerships.
Unequal Severance Benefits and Discrimination Claims
In an interesting published decision, the U.S. Court of Appeals for the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII. This article takes a closer look at this case.
Is McDonnell Douglas in for a Bumpy Ride?
The long-standing practice of resolving Title VII indirect discrimination claims through summary judgment using the <i>McDonnell-Douglas</i> framework has recently come under fire. This article analyzes the recent ruling that has upset the applecart.
Tenant Improvement Letters
This article outlines some of the major considerations of tenants and landlords in addressing the primary source of pre-commencement default under leases: the tenant improvement letter.
In the Spotlight: The New York Franchise Act
Both the franchise sales process and the relationship between franchisor and franchisee during the term of the franchise are regulated. Here's what you have to know.
Features
The Green Shopping Center
The same argument for building or retrofitting sustainable buildings for commercial properties holds for shopping centers. Here's why.
Second Circuit Allows Asbestos Claims to Proceed Against Pfizer
An in-depth look at why and how the Second Circuit reached its decision on asbestos claims against Pfizer, whose parent company had filed for bankruptcy.
Pinnacle Airlines' Chapter 11
On April 1, 2012, Pinnacle Airlines became the 11th smaller airline to file Chapter 11 since BAPCPA. But this time, there's a difference.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
