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What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in <i>Rivkin v. Century 21 Teran Realty LLC</i>, the Second Circuit certified the question to the New York Court of Appeals. <i>Rivkin</i> answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).
The Second Circuit recently issued an important decision in <i>Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc.,</i> which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets. The decision addressed the issue of collective scienter, or whether a corporation can commit securities fraud when none of its individual agents acted with fraudulent intent.
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Recent rulings of importance to you and your practice.
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A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned ' the employees, the manager/supervisor and the company. Hence the "love contract."
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A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In <i>Quon v. Arch Wireless Operating Co, Inc. et al.</i>, the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.
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Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.
In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California. This article is an analysis of the ruling.