Features
Disability Dilemmas for Supervisors
As we all know, the ADA prohibits discrimination on account of past, present and perceived physical and emotional disabilities. Generally, the key to avoiding liability is focusing on abilities and not disabilities. That's an easy mantra to articulate, but it can be deceptively complicated for a supervisor to implement.
NLRB Again Limits <i>'Weingarten' </i>Rights
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
Coordinating Complex Employment Litigation
In the past several years, employment class and collective action lawsuits have caught the attention of employees across the country. Many of these cases have resulted in multi-million dollar settlements or verdicts. Equally troubling, once an industry or corporation is viewed as potentially vulnerable on an issue, copycat cases may be brought in multiple jurisdictions against the same defendant or against others in the same industry.
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Features
Spam Costs Double in Last Year
According to a new report from Nucleus Research, "Spam: The ROI Killer," the cost of spam per employee has skyrocketed to $1934 per year.
Features
All Together Now: ISP Group Releases Spam-Fighting Measures
Leading Internet service providers (ISPs) say that the industry needs to work together and take proactive steps to stop the conflagration of unwanted e-mails. <br>The companies ' including leading e-mail providers and ISPs Yahoo!, EarthLink, Microsoft, Comcast and America Online (AOL) ' through the Anti-Spam Technical Alliance (ASTA), are calling on other ISPs to adopt a series of actions and policies that they have developed after a year of collaboration to fight spam.
Features
9th Circuit Snaps At Gator's Argument
An Internet company asked a skeptical 9th U.S. Circuit Court of Appeals in late June for the right to sue an East Coast business rival in Northern California, even though the rival has no physical presence in the California.
Spyware Remains Elusive
Even 007 wasn't shadowed this much. These days, spyware operations are the most popular cybermarketing tool around ' and the most unpopular. Software designers and advertisers have joined forces to run a clandestine operation on millions of consumers across the country. The tracking, data mining, and browser hijacking files that these companies surreptitiously plant on a person's computer extract personal information for advertising purposes, often without the user's knowledge or consent, and they have become a growing concern to companies, individual consumers, and the government. Most importantly, as frustration and fear of spyware grow and cause more people to turn away from the Internet, e-commerce is threatened. How did we get to this point, and what are the chances of successful regulation?
Features
Limiting Computer Crime Losses With Cyberinsurance
Estimates of the amount of damage to U.S. businesses caused by computer crime vary greatly, but there is no doubt that corporate America's increased reliance on information technology has led in recent years to a dramatic increase in such losses. <br>A 2003 study by the Computer Security Institute and the FBI found that 90% of respondents had suffered breaches of their computer system within the past year. Reports of specific instances of computer crime also suggest that the risk of damage to computer systems is real and growing.<br>Despite these real and substantial risks, many companies are not doing enough to protect themselves.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›