Features
Managing Employee Leave under the ADAAA and FMLA
Managing employee leave has become a persistent and growing challenge at many companies. Here's why...
Four Rules for Tax-Exempt Organizations with Volunteers
As discussed last month, the use of volunteers and interns by nonprofit corporations comes with legal risks, particularly from potentially applicable wage and hour laws and from harms caused by or happened upon the volunteers and interns.
Features
The Supreme Court Finds Religion
The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
When Sympathy Trumps Contractual Rights
Is "equity" more powerful than enforcing the terms of a renewal lease option in a lease between two sophisticated business entities? In <i>135 East 57th Street LLC v. Daffy's Inc.</i>, the Appellate Division, First Department, signaled that it is.
Features
Vicarious Liability
When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?
Features
In the Spotlight: Lease Restructures
Although landlords do not want excess space to lease in a down market, there may be benefits to the landlord of a steady long-term income stream that offsets the impact of additional vacancy. In sum, for each side an early lease restructure may make sense.
Features
Drafting Better Commercial General Liability Insurance Requirements
A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.
Prepping for the 2010 Amendments to Article 9 of the UCC
In 2008, the Uniform Law Commission and the American Law Institute set to work on evaluating and improving Article 9. A set of amendments which were completed in May 2010 by the ULC and the ALI reflecting these efforts is ready for consideration by state legislatures. This article discusses some of the troublesome issues that prompted the work of these commercial law grandees and the solutions contemplated by the 2010 amendments.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Professional Development: How to Be An Ally In the Legal ProfessionLast year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike 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.Read More ›