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No Rehire and No Comment Clauses in Severance Agreements
November 21, 2008
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.
As the Economy Stumbles, Employment Discrimination Claims Climb
November 21, 2008
The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.
The ADA Amendments Act
November 21, 2008
On Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. This update to the Americans with Disabilities Act ("ADA") and will take effect on Jan. 1, 2009. Here's what it means to your practice.
The Leasing Hotline
November 21, 2008
Recent litigation of importance to you and your practice.
Tenants Beware!
November 21, 2008
This two-part article focuses on how the SNDA (subordination non-disturbance and attornment agreement) can have impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises.
In the Spotlight: Consents to Sublease: Issues to Consider from the Subtenant's Perspective
November 21, 2008
Subtenants should take the last steps in the Sublease documentation phase seriously, carefully review the Consent To Sublease and consider the issues described in this article before finalizing the Consent To Sublease. For your convenience and reference, this article offers a sample, arm's-length negotiated Consent To Sublease provision.
The Most Crucial Commercial Lease Cases
November 21, 2008
For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.
In the Marketplace
November 20, 2008
Highlights of the latest equipment leasing news from around the country.
Assignments: Paying Agent Not Liable to Assignee
November 20, 2008
In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.
Eleventh Circuit Upholds Graves Amendment
November 20, 2008
Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.

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