Experienced employment lawyers know that getting both sides to say "yes" to settlement is a complicated task. The 1996 amendments to the tax code eliminating the previous exclusion of emotional harm damages from taxable income complicated the already difficult question of how to maximize the value of limited dollars to encourage settlement. With fewer options to maximize the value of limited settlement dollars, ultimately the tax consequence of the settlement becomes everyone's problem.
The Local Civil Rules for the Southern and Eastern Districts of New York regarding motions for Reconsideration or Re-argument, and Statements of Material Facts on Motions for Summary Judgment, have been amended effective March 26, 2004.
The United States Supreme Court recently ruled that reverse age discrimination claims are not cognizable under the Age Discrimination in Employment Act, 29 U.S.C. ' 621 <i>et seq.</i> (ADEA) in <i>General Dynamics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2/24/04). Writing for a 6-3 majority, Justice Souter concluded that "the enemy of 40 is 30, not 50." <i>Id.</i> at 1243. What does this mean for employers and employees?
Are welfare recipients who participate in mandatory Work Experience Programs (WEP) protected by statutes such as Title VII and the FLSA? In an expansive reading of the definition of employees, two federal courts recently ruled that such "workers" are "employees" within the meaning of the federal statutory scheme and, therefore, may seek relief for discrimination at the workplace or for compensation for excess work.
Leasing real property to a foreign entity presents a special set of concerns for landlords, and those who are leasing real property to a foreign entity should carefully evaluate these concerns ' and, where appropriate, address them in the lease. This article highlights the special considerations that a landlord encounters when leasing to a foreign entity.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
