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Features

Softening the Landing for Employees Caught in a Reduction in Force

Michael E. Mooney & Christa von der Luft

As uncertainties in the economy continue, many law firms are facing the reality of excess capacity. Unfortunately, "right-sizing" a firm generally means laying off valuable employees. The loss of a job can be traumatic even in good times, when an employee can expect to quickly land a new position. But with cuts coming from businesses across the board, the next paycheck may be a long way down the road.

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Court Watch

Darryl A. Hart

Highlights of the latest franchising cases from around the country.

Features

Case Briefs

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

Insurance Company Conduct Endorsing the Fairness of 'All Sums' Allocation

Michael T. Sharkey & Paul Spackman

There are many examples of insurance company statements and conduct that have endorsed the fairness of the "all sums" approach to allocation, or argued against the imposition of extracontractual proration. This conduct contradicts the unsupported arguments these insurance companies now make in favor of extracontractual proration; that enforcing the "all sums" policy language somehow would lead to unfair or unintended results.

Supreme Court of Canada Voids Non-Compete Clause

Paul Jones

The Supreme Court of Canada ruled in an employment dispute that a non-competition covenant was not enforceable, indirectly giving new guidance for franchisors about non-compete covenants with franchisees.

Features

The Time-Money Continuum

Paul A. Rose & Amanda M. Leffler

Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.

CA's Nutritional Labeling Law: Raising Stakes for National Legislation

Kevin Adler

When California's nutritional-content disclosure law goes into effect on July 1, it will mark a new stage in labeling requirements imposed on restaurant chains. For the first time, nutritional labeling will be required across an entire state, instead of by a single city or county.

Finding the Familiar in Contingent Coverage Provisions

Catherine A. Mondell & Seth C. Harrington

Contingent business interruption insurance found in many commercial property contracts is business interruption insurance with a single modification: While business interruption is triggered by damage to property of the insured, which leads to an interruption of the insured's business, contingent business interruption is triggered by damage to the property of a specified third party, which leads to an interruption of the insured's business.

Features

Real Property Law

ALM Staff & Law Journal Newsletters

Key rulings are discussed and analyzed.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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