Features
Marcia Coyle
Federal courts most likely will see an increase in age discrimination cases with so-called disparate impact claims, but employers will be able defend themselves successfully in many of them as a result of a recent U.S. Supreme Court decision. The High Court on March 30 held that disparate impact claims ' those that allege that a facially neutral policy adversely affects a protected class ' can be brought under the federal Age Discrimination in Employment Act (ADEA).
Michael G. Trachtman
In the not too distant past, the only way business people could communicate in a real time, convenient and spontaneous way was through face-to-face meetings and telephone conversations. When the all-too-common dispute arose as to who said what to whom, the traditional "my word against your word" battle would play itself out. <br>Fast-forward to the 21st century, where e-mail ' easy, instant, and universally accepted ' has become virtually the default mode of communication. What was once an unverifiable conversation is now a transaction set forth in print. As a result, the "my word against your word" conundrum becomes more of a contest between e-mails, as opposed to a competition between the memories of testifying witnesses.
Robin Sampson
Forget what you know about the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and partnerships. Forget what you know about HSR and LLCs. The rules have changed ' again. The good news is that the rules make more sense, and certain exemptions to the filing requirements have been codified or expanded. The bad news is that a small number of deals that used to slide under the HSR radar may now be caught. More strategically speaking, the rules now provide more opportunities to "choose" whether your next joint venture will be subjected to substantive agency review under the HSR scheme, heightening the value of HSR counselors' advice on structure issues at early planning stages.
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Stewart E. Sterk
New York municipalities have often conditioned development approvals on developers' agreements to provide services ordinarily provided by the municipality. These agreements are typically silent on the tax consequences of the municipality's failure to provide services. Under what circumstances, then, can landowners challenge the municipality's power to collect taxes for services the municipality does not provide? Two cases recently decided -- one by the Court of Appeals and one by the Second Department -- shed light on that question.
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Elaine Barlas
Law firms carry on a juggling act when it comes to associate development. Associates grumble that they receive insufficient training. They worry not only about their competence to deal with their current assignments, but whether they will have marketable skills for the future. Partners find this frustrating and bewildering. Their firms have large catalogs of courses, provided both in-house and externally at significant cost to the firm. What more can associates want? <br>Is there a way to break the cycle? Sure, but someone's got to have the courage to do something different. Here's one approach.
Sheldon I. Banoff
Much has been written about the popular culture of the "baby-boom" generation (those born in the post WWII era and now in their 50s-60s), but not much about that age group in law firms and how to take them into account in long-term firm strategy. Part One of this article looked at a model (Model 1) with Partner A ' a full-share equity "baby-boomer" partner (BBP) and rainmaker with a substantial client base. Part Two looks at a BBP who is well-respected, and while not a great business generator, has technical skill.
