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Features

Avoiding Liability in Employee References

Gary S. Kessler & Philip G. McNicholas

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?

Robert G. Brody & Rebecca Goldberg

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

Sandra E. Pullman

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

William C. Cobb

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

Mindy Wolin Sherman & Edward E. Wicks

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

Stephen C. Bazarian

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

Daniel S. Brennan

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.

Making Your Leases Work with Your Loan Documents

Pablo L. Petrozzi

Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test

Michael L. Cook & Karen S. Park

The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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