Given the speed with which information can be publicly disseminated today, employers need to act quickly but prudently when faced with alleged employee misconduct. Employers can be subject to liability for failing to investigate incidents of harassment or threats of violence, but they also may face claims that they have violated employees' privacy rights if they do not proceed carefully.
The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the in pari delicto defense as a shield to claims brought by or on behalf of the corporation.
While e-cigarette manufacturers and distributors promote the potential advances of this new technology over traditional cigarettes, the degree to which e-cigarettes are safe is the topic of great debate, and the source of litigation.
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Last August and September, we published a two-part article on the phenomenon called "manterruption." We commented on some important social research discussing men's pervasive tendency to interrupt women in group meetings or settings where the power stakes were high ("manterruption") and to appropriate women's ideas as their own ("bropropriation"). These posts triggered a torrent of response, some of which was gratifying to us and some of which was pretty bewildering.
Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants.
"It's a mobile jungle out there, and your corporate data is too valuable to just bungle through it."
This is the first in a series of articles on liens in proceeds under Article 9 of the Uniform Commercial Code (UCC).
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).
