In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs
September 26, 2011
The common law has been displaced now in several jurisdictions where the courts are deviating from the common law rule in commercial leases and toward the imposition of an affirmative duty upon commercial landlords to undertake repairs to leased premises.
A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia
September 26, 2011
Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mitigate when negotiating the default provisions of a commercial lease. A look at three separate jurisdictions.
Low Man on the Totem Pole
September 26, 2011
Subcontractors are the most vulnerable and exposed parties in the contractual chain, more likely to be blindsided by a bankruptcy filing.
Presenting Bankruptcy Concepts to Juries
September 26, 2011
A common belief among bankruptcy practitioners has been that disputed matters invariably sound in equity, thus posing very little danger that an attorney would ever encounter a jury. But juries can appear where one least expects them.
Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit
September 26, 2011
Investors deceived by a Ponzi scheme typically suffer two blows. First, they learn that they may recover only a fraction of their investment ... and second, they are also likely to be sued in so-called "claw-back" lawsuits.
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
September 26, 2011
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Lost Wages Claims for Undocumented Workers in NY
September 26, 2011
The law on recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision <i>Balbuena v. IDR Realty LLC</i>, New York's Court of Appeal held that such wage claims are generally permissible. However, there were issues raised that are now being addressed in more detail by the courts.
NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
September 26, 2011
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
Social Media Policies in the Workplace
September 26, 2011
It is a long-standing Federal law that employers are not permitted to restrict employees' rights to unionize, bargain collectively and, generally, discuss the terms and conditions of their employment. These rights apply to social media and the Internet in general. So how does an employer craft a policy to navigate through these laws yet accomplish their company goals?
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