Co-tenancies and Mixed-Use Madness
There are myriad issues that must be addressed when leasing space within a mixed-use development that differ from the standard issues when leasing space within retail centers such as enclosed mall shopping centers. This article focuses only on one difference.
NLRB Joint Employer Standard
A reworking of the National Labor Relations Board's (NLRB) joint employer standard appears to be a near certainty. For instance, in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonald's USA over violations that allegedly occurred at franchisee-owned restaurants.
Extraterritoriality and Whistleblower Retaliation
In-house counsel for multinational corporations and counsel for foreign plaintiffs often must deal a serious issue. Specifically, can overseas whistleblowers avail themselves of United States whistleblower protection laws? If so, under what circumstances? How can corporations protect themselves against claims of retaliation from company whistleblowers located outside the United States?
Using Social Media Content to Defend Employment-Related Lawsuits
Because social media is a major vehicle for interacting with the world and exchanging information, it is no surprise that such a ubiquitous aspect of American culture would contain information relevant to litigation. It is therefore important that attorneys be able to recognize when and how social media content may provide valuable evidence in a case.
Court Praises Predictive Coding, Then Rejects It
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.
The NFL's Compliance Fumbles
To manage reputational risk, organizations, like the NFL or your company, set forth clear rules on what is required for employees, telling them what doing a good job looks like. One of the key components of these rules is a system of disciplinary action with escalating punishment depending upon the rule infraction.
Practice Tip: Maintaining Privilege with Consultants
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Allocating Costs to Policyholders for Periods of No Insurance
Regarding coverage for injury or damage that has taken place over an extended time period, a majority of courts today allocate costs using the pro rata method, which assigns to each policy in effect during the applicable time period the share of costs proportionate to the amount of injury or damage that took place while the policy was in effect. But what is the "unavailability exception" ?
Unfinished Business Claims
Last month, in Part One of this article, we explained that two judges sitting in the District Court in the Northern District of California had issued decisions with respect to unfinished business claims. The rulings on all these cases (one of which was updated after press time) favored the law firm defendants. We continue this discussion herein.
Rare NY Court of Appeals Reversal
In the widely reported decision in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co</I>, the New York Court of Appeals placed in the path of insurers a very high and potentially dangerous new legal standard.
