Features
Class Action Waivers in Employment-Related Arbitration Agreements
For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
The Law Library
During the last 20 years, enormous changes have occurred in the information industry. This has affected not only libraries, including private law libraries, but also law librarians and IT staff.
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
Ready or Not: Planning for Significant Tax Changes in 2013
The time is now for all businesses, law firms included, to plan for major tax changes that are scheduled to take effect on Jan. 1, 2013.
Anonymous v. Fraudulent Internet Speech
Anonymous Internet speech, like traditional Internet speech, is protected. The anonymity and potentially unlimited mass audience of Internet speech, however, poses difficulties for the application of traditional doctrines governing speech. The balancing must take into account the possible value of widespread, instantaneous public information.
Features
Coverage Disclaimer May Not Await Investigation of Other Defenses
In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.
Terrorism and the Pollution Exclusion
This article considers whether alleged personal injuries based on exposure to contaminants disbursed because of a terrorist attack are excluded from coverage by the pollution exclusion commonly found in most insurance policies.
Features
Succession for Sustainability
Succession planning is critical to the sustainability of law firms, and it should command leadership's full attention.
Features
Asking for Business
The key to building a prosperous practice is to attract new clients and retain the ones you have. This requires lawyers to master some basic sales skills, and closing the sale is a non-negotiable part of the process.
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MOST POPULAR STORIES
- 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 ›