Features
Creating a Culture of Leaders
This article examines how the author's law firm encouraged a culture of leadership by providing access to leadership development training across all disciplines and levels of experience.
The 'Unfinished Business' of Failed Law Firms
Recently, two New York federal district courts reached conflicting decisions in the Coudert and Thelen bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business."
Features
Why Clients Fire Firms
Why are firms losing important, blue-chip clients? Let us count the ways.
Features
Avoiding Liability in Employee References
An employer must be careful when providing employment references. However, recent case law demonstrates the difficulty an employee faces in trying to establish defamation by a former employer.
Could Settling Cost You $1,000 Per Day?
Imagine settling an employment discrimination claim for $450,000 and then getting a bill for $90,000 more than three months later! As of Jan. 1, 2012, this has been possible, and most private employers have no idea it could happen.
The FMLA, Expanded
Employees who remain out on leave longer than the FMLA's 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Here's why.
Features
Preparing for Reverse Auctions
Rather than companies sending out RFPs to a number of law firms, they are now using a "reverse auction" to request quotes from law firms they trust. Here's how it works.
Seasonal Tenants and Lease Reviews
Now is the time for all parties to think about creative ways to maximize revenues and to review their relevant documents to identify their rights and obligations before the cheer of the holiday time is upon us.
Relying Solely on An Indemnfication Provision
A recent Massachusetts appellate court opinion highlights the dangers of failing to include rent acceleration and liquidated damages provisions in commercial leases and relying solely upon an indemnification provision to collect post-termination damages.
In the Spotlight: AIA Releases Sustainable Projects Contract Documents
The American Institute of Architects (AIA) recently released a set of new contract documents to define roles and responsibilities and to provide procedures and processes for owner, architects and contractors to identify sustainability goals and to map out a plan to achieve those goals.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›