Features
A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Can Your Retirement Plan Survive an ADEA Claim?
The Supreme Court has held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Effective Retention of Your Best Talent
New challenges spring from the excess, for the time being, of supply over demand for legal services. Smart firms are using this as an opportunity to reshape their model and to attract and retain lawyers
Managing the Compensable Workday in a New Electronic World
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Features
COBRA Subsidy Extended; Further Extensions Likely
In the midst of the ongoing health care reform debate, Congress was able to unanimously agree on retroactively extending the Federal 65% COBRA health care premium subsidy for workers involuntarily separated.
When It's Better to Be in Bed with the IRS
Individuals who live above their means generally pay off their marital debt with a portion of the proceeds from the sale of the marital home. But what happens when the client and his or her spouse have been living above their means by failing to file their federal and state income taxes?
Text Messages Providing TMI for Divorce Lawyers
Divorce lawyers have found a new smoking gun to wave around in court: text messages. The unfaithful, in particular, are paying a high price for their salacious messages.
Features
A Right to Bear Arms in the Office?
Employers now must balance the duty to maintain a safe workplace with employees' right to bear arms under the Second Amendment of the Constitution of the United States, their rights under state constitutions, and laws allowing guns at work ' which is a new and growing trend in employment legislation.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- 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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›