Features
Third Circuit Establishes Joint Employment Test
In late June, the Third Circuit considered the broad definition of "employer" under the FLSA to determine when two employers jointly employ an employee, an issue that has been arising with increasing frequency.
Supreme Court: Pharmaceutical Sales Reps Are Exempt
The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings.
Terminating Employees
This article discusses three of the most common errors made by employers, all of which can be easily avoided.
Features
How to De-ICE Your Business
The importance of immigration compliance continues to grow as more and more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA). This article explores how to avoid these negative consequences.
Features
Mall's 'Minimal Precautions' Spare It Liability for Murder
Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.
In the Spotlight: Should You Consider a Sale-Leaseback?
This article looks at some of the benefits and downsides of sale-leasebacks, and discusses some of the factors to consider to achieve optimum results in structuring one.
Features
Adding a Fuel Facility to Boost Sales
This brief review of some of the issues that may be encountered in leasing a fuel facility clearly establishes that adding a fuel facility to a retailer's portfolio of properties is anything but easy.
Features
Unspecified Tax Purposes in Marital Settlements
Under current law, ' 71(b) of the IRC sets out requirements that are said to be objective and independent of state law, obviating the "subjective" search for the support obligation under prior law. This article discusses two of these requirements.
Features
Qualified Medical Support Orders
The requirement to maintain health insurance is unique because legislatures and courts are reluctant to place obligations on divorcing parents above and beyond what is required of an intact family.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›