Inside the Booming Private Equity Market: Experts Share Experiences at IFA Legal Symposium
June 28, 2007
Private equity investors eager to purchase franchise operations have brought a new dimension to franchising in the past few years and have the potential to keep franchising invigorated in the future. A panel discussion at the International Franchise Association's Legal Symposium in May explored the motivations of sellers and buyers in private equity deals and the role that legal counsel plays in getting deals done.
Reduce Workers' Compensation Costs
June 28, 2007
Unfortunately, the typical employer's focus on total workers' compensation claims costs from one year to the next is incomplete and shortsighted. It fails to recognize or measure what is driving the claim costs. If the average medical cost per claim increased, was it simply a matter of medical inflation or did it have anything to do with something the employer could control? If it went down was it luck or a result of the employer's actions? What is needed are tangible and measurable metrics of factors driving claims costs. This focus has several advantages. First, it inherently takes a long-term view enabling employers to understand the underlying circumstances and conditions that are driving up work-related injury costs. Second, it isolates measures of the value of the employer's actions. This approach is much more than a difference in semantics; it not only will drive decisions in a different direction but it may also entail significant changes in an organization's management of Workers' Compensation.
Securities Industry Employment Disputes
June 28, 2007
Author Carol A. Wittenberg, who has served on the Major League Baseball/Players' Association salary arbitration panel for the past eight years, as well as mediating and arbitrating numerous financial disputes in the securities industry, explains the different methods of arbitration that work--and do not work--in the volatile securities industry.
Allocating Construction Obligations in Leases
June 28, 2007
One of the biggest areas of conflict after a lease is signed is the allocation of construction responsibility between the landlord and the tenant, but many of these problems are easily avoided by careful drafting and use of terminology at both the letter of intent and lease negotiation phases. Often, especially in the letter of intent, parties use terms that each thinks is perfectly clear, but actually mean different things to each of them. Below are some suggestions for how to handle these issues effectively.
Sexual Harassment Victims and the 'Reasonableness' Equation
June 28, 2007
When a supervisor is identified in a lawsuit as the alleged harasser, the employer may still avoid liability, under certain circumstances, as long as the harassment did not result in a 'tangible employment action.' To this end, most, if not all, employers are intimately familiar with the U.S. Supreme Court's <i>Faragher</i> and <i>Ellerth</i> decisions issued in 1998. Yet during the past eight years since the decisions, employers have faced the brunt of scrutiny from courts evaluating the application of this affirmative defense.
Supreme Court Limits Time Frame for Filing EEOC Claims
June 28, 2007
On May 29, the Supreme Court made it significantly easier for employers to defend against Title VII workplace discrimination claims that are based on long-ago decisions about salary and raises. By a 5-4 vote, the Court said that employees claiming they received disparate treatment based on gender or race must do so within 180 days of the original discriminatory action ' not within 180 days of their last paycheck. Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074.
The EEOC Is Thinking Big
June 28, 2007
Like most government agencies, however, the EEOC faces significant obstacles. Its budget is rigorously scrutinized each year. Staffing is down and the backlog of individual discrimination charges is up. Concerned members of Congress have petitioned key House appropriators for funding increases to boost the organization's frontline staffing. In light of all of this, newly appointed EEOC chair Naomi Earp has her work cut out for her. As Earp succinctly stated, '[o]ur challenge in 2007 is to make the most effective and efficient use of agency resources.' In other words, the EEOC must get more bang for its buck to remain effective. Enter the agency's new Systemic Discrimination Initiative. This two-part article discusses how EEOC plans to implement the Initiative.
The Leasing Hotline
June 28, 2007
Highlights of the latest commercial leasing cases from around the country.
Making the Work Letter Work
June 28, 2007
The Work Letter (sometimes referred to as a 'Construction Agreement' or 'Work Agreement') is the portion of a lease, usually an exhibit, setting forth the provisions relating to the build-out of the tenant improvements to be made to the space leased. Often dealing with very large expenditures, the Work Letter is an extremely important part of the Lease. However, perhaps because of the varying types of build-outs, with differing parties responsible, it is a document that often breeds considerable confusion. This two-part article discusses the three common types of office space build-out arrangements to which landlords and tenants might agree, how they differ, and how those differences are to be addressed in drafting the Work Letter.
In the Spotlight: Lease Commencement -- Getting the Ball Rolling
June 28, 2007
Sometimes the hardest part of a leasing relationship is getting started ' establishing if there will be contingencies, when they will expire, when the space will be delivered, and when the rent will commence. Often the transition is smooth, and everything falls into place. In other situations, however, coordinating the requirements, obligations, and schedules of both landlord and tenant feels like an in-air refueling of a jetfighter.
