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When an employee is injured on the job, the claim is usually handled through the Workers' Compensation system. Indeed, it is relatively rare for a worker, even one who has been seriously injured, to sue his or her employer in tort because of the 'exclusive remedy' feature of most Workers' Compensation Acts. That feature, also known as the 'Workers' Compensation bar,' directs all such claims to the compensation system unless an enumerated exception applies. Nonetheless, because there are such exceptions, employers frequently purchase 'Workers' Compensation/Employers Liability' ('WC/EL') policies, which provide insurance not only for claims brought through Workers' Compensation but also for claims brought in the civil court system.
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A recent study commissioned by the Equipment Leasing and Financing Association of America ('ELFA') and produced by The Alta Group examines how U.S. businesses and other organizations acquire critical information technology ('IT') equipment and what factors influence the decision-making processes.
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Highlights of the latest equipment leasing news from around the country.
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In the past, I have written a number of articles directed at U.S. leasing professionals on what they should know about doing business in Canada. These past articles have focused on the leasing business in general as opposed to any particular sector. They discussed broad issues, such as withholding tax and regulatory concerns, but did not examine the specifics of any particular class of collateral or industry sector. During the past several months, I have received a number of inquiries from U.S. lessors in regard to the financing of motor vehicles in Canada. It became readily apparent that not only are there significant differences in law and practice affecting Canadian and U.S. lessors, there also exists a general misunderstanding of the laws of Canada. While generally, Canadian and U.S. law and practice are similar, one area in which they are divergent is motor vehicles. This article, while far from being a complete guide, provides certain guidance as to the most significant concerns.
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Lessors and lenders need to be aware of a recently issued U.S. District Court decision addressing the enforceability of a prepayment premium in a mortgage loan context. The decision in <i>River East Plaza, LLC v. The Variable Annuity Life Company</i> (Slip Copy, 2006 WL 2787483 (N. D. Ill.)) was rendered on Sept. 22, 2006, by the U.S. District Court for the Northern District of Illinois (Eastern Division), construing Illinois law.
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For the last nine months, participants in the aircraft leasing and finance industry have been dealing with the newly formed international registry for the registration of interests in aircraft and the changes in substantive law governing aircraft sale, lease, and finance transactions brought about by the ratification of the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol. The Convention and Aircraft Protocol were developed and are being promoted by'
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Dorsey & Whitney LLP is a firm of more than 600 lawyers with a litigation and arbitration practice in 15 locations in the United States and in London, Hong Kong and Shanghai. I joined the firm's New York office in the fall of 2005 and assumed, among other duties, the task of advising on the litigation department's deployment of discovery technology for large and complex matters. <br>In part due to the management of the electronic evidence in this dispute, Dorsey's client obtained an order in September 2006 denying class certification and strongly pointing toward the ultimate disposal of the matter. As discussed below, our implementation of the Ringtail Legal 2005 hosted ASP solution ' and the support by FTI Consulting ' was important in this very favorable outcome.
Part one of this discussion on KM and portal technologies focused primarily on a historical review and the emergence of the '2nd generation' of KM: Leveraging technology to define KM and utilizing the Microsoft SharePoint architecture to aggregate contextual and task related information into an easily accessible form. This article will continue the modern KM technology discussion by focusing on the relevance of existing search technologies and the potential and viability of SharePoint 2007 as a KM and portal platform.
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The plethora of tools designed to make quick work of searching digital files appear to make most data collection tasks trivial. Products such as Google Desktop Search, DTSearch, Microsoft's Lookout and X1's eponymous set of search tools index digital files and e-mail, while providing fast and accurate search results. Of course, the promise of these tools stands in direct contrast to the warnings that litter industry trade publications, admonishing that anything less than a 'forensic' collection could be considered indefensible ' at best leading to a ruling for adverse inference, and at worst resulting in sanctions.
Undeniably, one of the biggest content growth areas for electronic information resources is with the digitization of print materials. For well over a decade, lawyers have had full-text access to court cases, statutes, regulations and thousands of news sources the day they are published. What wasn't available until fairly recently was electronic access to deep historical collections of materials such as law reviews or legislative documents, let alone court filings or records. For materials of this nature that were available, they could rarely be obtained as scanned documents in collections that are easy to use.<br>In acquiring access to new digital collections, law firms and other information consumers need to think about issues of cost, technology requirements and ease of use. Beyond that, merely acquiring a new collection will not ensure that all people who need the information will know it exists when the need for that information arises. This article addresses several topics relating to digitized collections, framing the discussion by first discussing two legal-specific digitization projects available for private law firms.
