Broker Lien Laws
June 02, 2015
Today, 34 jurisdictions have some form of statute that specifies whether, how, and for what a broker may file a lien for the non-payment of a commission in connection with the sale or lease of commercial real estate. A few states simply give brokers the right to file liens under mechanics' lien statutes, but more than 30 have enacted broker-specific lien laws.
Arbitration Agreements and the Use of Electronic Signatures
June 02, 2015
Despite legal questions surrounding electronic document management and the use of electronic signatures, these cases demonstrate that it is possible to successfully move to a paperless system. Here's what you need to know.
Renewal Options and Lapse of Notice
June 02, 2015
A failure by the tenant to timely deliver valid notice does not always leave the tenant without options. This article examines <I>Greater Park City</I> and the arguments made by the tenant to the court.
Real Property Law
June 02, 2015
Discussion of a case involving a holdover proceeding.
NLRB Shields Online Rants
June 02, 2015
To some, a recent labor board ruling about social media marks the end of workplace civility. To others, it's a boost to protected speech.
How to Minimize Violence in Your Workplace
June 02, 2015
I am a management safety and health lawyer. For the first 30 years of my practice, I provided counsel to employers in hundreds of cases involving serious injuries. Twenty-four of those cases involved fatalities. None involved workplace violence. In the last five years, however, clients have increasingly sought my assistance with employee-on-employee violence issues.
Document Exchange Breaches
June 02, 2015
Think about the last case you handled for your largest client. What would happen if that information was breached or hacked? It is an alarming possibility and one that should rightfully occupy your thoughts.
The Dismantled Weapon of 'A Good Deed Never Goes Unpunished'
June 02, 2015
The employment lawyer's adage that "no good deed goes unpunished" was thrown into sharp relief by the Sixth Circuit recently when it held that telecommuting ' even when offered to other employees ' is not necessarily a reasonable accommodation for a disabled employee.
Take Care in Using Consumer Data to Drive Dynamic Pricing of e-Commerce
June 02, 2015
Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer's perception of the willingness of a particular consumer to pay at a given price point. This can be the basis for personalized pricing, the "holy grail" of which is to develop a methodology for "perfect price discrimination" that maximizes the amount each individual consumer is willing to pay.
ABI Bankruptcy Reform
June 02, 2015
Tension has focused on whether to allow a secured creditor to improve its position with new property acquired after the bankruptcy case. The result was the broad mandate of Section 552 of the Bankruptcy Code: A prepetition lender with a lien on an asset enjoys a post-petition lien on the proceeds of that asset.
