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Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.

CA High Court Brightens Rule Against Non-Compete Pacts

In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California. This article is an analysis of the ruling.

Perceived Mental Impairment in the Workplace

Employers who take action because there are rumors that a certain employee is "crazy," "psycho" or "nuts" often find themselves the subject of an Americans with Disabilities Act ("ADA") lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do?

Business Crimes Hotline

State rulings of interest.

In the Courts

Recent rulings of interest to you and your practice.

Reducing White-Collar Sentences Through the Second Chance Act

An analysis of the Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), which provides opportunities for white-collar offenders to reduce the amount of time spent in prison.

New DOJ Guidelines on Prosecuting Businesses

After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.

The KPMG Tax Shelter Case and the Right Against Self-Incrimination

In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. <i>United States v. Stein.</i> This article discusses the case in depth.

On the Move

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

A Liquidating Trustee's Principal Tools for Resolving Tax Issues in Bankruptcies

As part of making distributions to allowed claimants of a bankrupt entity, a liquidating trustee must decide the best way to handle potential outstanding tax liabilities. This article discusses the benefits of Section 505.

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Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' Recordings
Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of "willful copyright infringement on an almost unimaginable scale."
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Leveraging the Patent Professional for New Venture Development
Business-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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