Wells Fargo Survey Forecasts Non-Residential Construction Activity to Increase
February 28, 2012
According to a recent survey, construction contractors and equipment distributors are optimistic that local non-residential activity will improve in 2012.
Finding the Most Qualified Customers As Infrastructure Jobs Drive Demand
February 28, 2012
Equipment financing and leasing professionals who can accurately gauge a contractor's abilities and financial situation — and then work with that contractor to maximize its capabilities — will be well-positioned to capitalize on new projects.
The Route to Federal Court Clarified
February 28, 2012
While the Jurisdiction and Venue Clarification Act of 2011 does not change the jurisdictional requirements for removal, and the basic removal procedures are left largely unchanged, the Act does in-house and outside counsel a service by settling removal issues that often varied by circuit, including the first-or-last-served defendant rule, the standard for measuring the amount in controversy, and the permissibility of exceptions to the one-year bar.
MARKETING PLAN
February 28, 2012
MARKETING PLAN Fatal Error #44 in Jim Muehlhausen's book, "The 51 Fatal Business Errors" is "IF YOU FAIL TO PLAN, YOU ARE PLANNING TO FAIL." Even if you have lots of experience in your specialty, and understand your clients' businesses, integrating marketing into weekly activities is essential. In our work with clients, we often find that they are asked to complete an exhaustive marketing plan at the beginning of each year. Some do; most don't; and few…
A New Philosophy for Managing Partners
February 28, 2012
An astute lawyer-manager must achieve the appropriate balance of building consensus among the partners versus managing as an autocrat.
Managing Employee Leave under the ADAAA and FMLA
February 28, 2012
Managing employee leave has become a persistent and growing challenge at many companies. Here's why...
Four Rules for Tax-Exempt Organizations with Volunteers
February 28, 2012
As discussed last month, the use of volunteers and interns by nonprofit corporations comes with legal risks, particularly from potentially applicable wage and hour laws and from harms caused by or happened upon the volunteers and interns.
The Supreme Court Finds Religion
February 28, 2012
The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
When Sympathy Trumps Contractual Rights
February 27, 2012
Is "equity" more powerful than enforcing the terms of a renewal lease option in a lease between two sophisticated business entities? In <i>135 East 57th Street LLC v. Daffy's Inc.</i>, the Appellate Division, First Department, signaled that it is.
Vicarious Liability
February 27, 2012
When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?
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