Features
Proceed with Caution!
Law firms are trying to shift from survival tactics to the "New Normal" by addressing, not only the challenges they face, but also the changes they may have to make. However, there are few precedents for addressing many of the concerns.
Features
Is Good Enough Good Enough?
Not doing something how others expect it to be done or not getting the result others anticipate or assume will be had can give rise to resentment, loss of trust, and ruined client relationships.
The Management Wisdom of Midlevel Associates
As midlevel associates make the transition to senior associate ranks, they gain wisdom in managing matters, both up to partners and down to juniors. Their wisdom reveals a key weakness in law firms ' the poor leadership and management skills of partners.
Social Media Policies and the NLRA
Employer policies and practices on employees' use of social media continues to be a hot topic for the National Labor Relations Board. Make sure your firm is in compliance.
MD District Court Dismisses RICO Claims Against HR Professionals
On July 6, 2011, the Maryland U.S. District Court dismissed a RICO claim filed by a number of employees of Purdue Farms, Inc., against a number of human resource (HR) professionals employed by Purdue. A review of the case.
Features
Whither Weingarten?
The current NLRB is beginning to issue rules and decisions more favorable to organized labor, and its field offices are issuing complaints expanding the rights of non-union workers. A look at <i>Weingarten</i> rights, and what they mean.
Features
In the Spotlight: Master Lease Boilerplates
Preparing and negotiating sublease agreements can be much more difficult than preparing and negotiating lease agreements. This is especially true with respect to so-called "boilerplate" provisions.
Features
Employee's Inability to Work Overtime Is Not a Per Se Disability
The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.
Features
Advising a Whistleblower After Dodd-Frank
This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.
The Most Liquid Assets
This article is the third installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›