Old Law, Partisanship Pose Challenges for NLRB
The National Labor Relations Act (NLRA), which the NLRB board administers, has not been changed significantly in more than 60 years. The law and the board are in danger of becoming irrelevant as the world changes around them.
Providing Leave As an Accommodation Under the ADA
Permitting the use of accrued paid leave or unpaid leave a reasonable accommodation under the ADA, and the purpose of this article is to briefly explain an employer's responsibilities in responding to a qualified employee's request for such leave.
Features
UK Is Considering Abolishing Upper Age Discrimination Limit
The new government in the UK has announced its intention to abolish the UK default retirement age of 65, effective as of October 2011, and is currently consulting about the impact that this will have on UK employers.
Features
Subordination Without Nondisturbance: A One-Sided Marriage
Recent events have shown that the previously unlikely scenario of a landlord default followed by a lender takeover is not only possible but is no longer a rarity.
Features
In the Spotlight: Franchise Law
Many commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
Features
The DOJ's New ADA Regulations and Accessibility Guidelines
On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and Title III of the Americans with Disabilities Act (ADA), on accessibility for state and local governmental entities and places of public accommodation.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
What's New in the Law
Highlights of the latest equipment leasing cases from around the country.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›