Health Savings Accounts
May 01, 2004
Starting in 2004, law firms have another option in attempting to mitigate rising health insurance costs. Recently enacted Health Savings Accounts (HSAs) offer law firms and their employees a tax favored vehicle to pay for medical expenses.
When It's About More Than Money: What's Enforceable In Settlement Agreements
May 01, 2004
From time to time, even the best employers need to downsize staff. The terms of an employee's severance are usually memorialized in an agreement, pursuant to which the employee, in consideration for a payment of a certain amount, waives the right to litigate claims. Although that amount is often the primary bone of contention, unfortunately it is not the only one. This article outlines the other terms commonly appearing in agreements settling claims arising out of employment and its termination, and the often-conflicting case law on the enforceability of such terms.
Planning The Successful Retreat
May 01, 2004
Whatever the goal of a law firm retreat, it will not succeed unless adequate time and effort have gone into the planning process. In fact, a major portion of the work involved must be done before the retreat is actually held. The retreat should not be viewed as a panacea, but as a practical management tool that can be wielded in a variety of ways.
Developments of Note
May 01, 2004
Recent developments in e-commerce law and in the e-commerce industry.
The Dangers Of e-Recruiting
May 01, 2004
The efficiency, ease and convenience of online recruiting and interviewing have made for instant hiring success among companies in all industries employing this effective, low-cost, easy-to-use, flexible staffing method. <br>But, as with all technologically delivered gains, online recruiting can have some drawbacks, and knowledge of these and preparation for dealing with them in the event they pop up will help to ensure e-commerce enterprises a fruitful ' and low-liability ' undertaking.
NY Appellate Court Finds Law Against Unwanted Faxes Constitutional
May 01, 2004
In the first New York appellate ruling on the constitutionality of a federal ban on unsolicited advertising faxes, the Appellate Term in Brooklyn reversed two lower courts and declared that the law does not impinge on First Amendment protections for commercial speech.
Case Briefs
May 01, 2004
Highlights of the latest insurance cases from around the country.
The Defense Must Go On: An Insurance Company's Rescission Defense Does Not Pre-empt Its Obligation to Defend Its Insured
May 01, 2004
Today's headlines are filled with stories about corporate scandals and trials of corporate executives accused of fraud, malfeasance, and incompetence. The natural fallout has been SEC investigations, hundreds of civil lawsuits, and criminal prosecutions. Directors' and officers' insurers ("D&O insurers") have seen a dramatic increase in claims as a result of these events. The initial battleground relating to the corporate scandal claims is whether there is a duty to defend or pay defense costs. The D&O insurers have asserted numerous defenses to providing a defense or paying defense costs. One defense that is being asserted frequently is rescission or "unilateral" rescission (collectively "rescission"). The rescission defense attempts to extinguish the policy by declaring it void <i>ab initio</i>. Recently, the majority of courts that have considered rescission have rejected it or deferred consideration of it, while ordering the D&O insurer to pay for, or provide the policyholder with, a defense. This article discusses recent cases that have addressed insurers' rescission arguments and explores the arguments that rebut the rescission defense.
