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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- 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 ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›