Features
Unequal Severance Benefits
In an interesting published decision, the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII.
Features
Reassignment to a Vacant Position Under the ADA
In a recent decision, the Seventh Circuit held that the ADA obligates employers to reassign employees with disabilities to vacant positions for which they are qualified, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer.
Features
Open-Source Risk Management Tools
This article discusses various risk management tools that in-house counsel can rely on to perform effective open-source due diligence in software acquisitions.
Features
The Murky World of Online Privacy
This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Dispelling 10 Myths About Bankruptcy
Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11.
Managing an Enterprise Mobile Device Program
Risk management and other considerations when setting up a "bring your own device" (BYOD) program in your company.
DE Court Refuses to Enjoin Stockholder Vote for Alleged Disclosure Violations
M&A practitioners frequently face the vexing issue of whether to include target company financial projections in stockholder solicitation materials. A look at a recent ruling.
Features
Is a 'Lease' a Lease, or Something Else?
As a New York appellate court recently instructed in <i>Women's Interart Center v. New York City Economic Development Corp.</i>, a "lease" may or may not be a lease, depending on the agreement's terms.
Forum Selection Clause an Important Provision in Franchise Agreements
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.
Features
The Lease Year: Let's Keep It Simple
The date that a lease begins is an extremely important lease issue. To help reduce the possibility of successful lease audits, wise practitioners utilize something called the "Lease Year."
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›