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Safer Highways By: Frank L. Branson, Esq. Law Offices of Frank L. Branson P.C. (Dallas, TX) Originally published in Texas Best Lawyers 2008 Dallas Edition
How safe are Texas highways? A little bit safer, hopes attorney Frank L. Branson, after landing a $20.7 million jury verdict last year against a trucking company and a driver who admitted he smoked crack the day before a 2004 accident that killed a man. The Dallas Morning News featured the fatality [...]
When to Settle a Case—Factors to Consider By: C. Barry Montgomery and Bradley C. Nahrstadt Williams Montgomery & John Ltd. 20 N. Wacker Drive, Suite 2100 Chicago, Illinois 60606 (312) 443-3200 www.willmont.com
Settlement is more of an art than a science. It takes many long years of negotiations in all types of cases to develop a feel for when a case can settle and for how much. Although the successful settlement of a case depends in large part on the skill of the lawyer conducting the [...]
Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions By ROBERT E. BROWN, TABITHA M. CROSCUT, PAUL S. FUSCO Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions By ROBERT E. BROWN, TABITHA M. CROSCUT, PAUL S. FUSCO
Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions By ROBERT E. BROWN, TABITHA M. CROSCUT, PAUL S. FUSCO
Basic Fiduciary Guidance for the ESOP Trustee in Corporate Finance Transactions
By ROBERT E. BROWN, TABITHA M. CROSCUT, PAUL S. FUSCO
Wednesday August 22, 2007
ESPO
CHAPTER 9
Basic Fiduciary Guidance for the
ESOP Trustee in [...]
METHOD OF EMPLOYEE TERMINATION CAN BE DISCRIMINATORY By Zachary Tuck, Esq. of Rudolph Friedmann LLP – Boston Massachusetts
METHOD OF EMPLOYEE TERMINATION CAN BE DISCRIMINATORY By Zachary Tuck, Esq. of Rudolph Friedmann LLP – Boston Massachusetts
METHOD OF EMPLOYEE TERMINATION CAN BE DISCRIMINATORY
By Zachary Tuck, Esq.
It is common knowledge among employers that it is impermissible to terminate an employee for discriminatory reasons such as the employee’s race, gender, religion, [...]
When the Big Dogs Come to Town By Charles A. Maddock
When the Big Dogs Come to Town By Charles A. Maddock
The continued consolidation of clients and law firms is now being taken seriously — very seriously — by firms of all sizes. For the national or regional law firm, consolidation presents a significant opportunity to expand its client base while reducing [...]
Actions Employees Can Take If Their Personal Information is Stolen From an Employer By Mark W. Klein, Esq.
Actions Employees Can Take If Their Personal Information is Stolen From an Employer By Mark W. Klein, Esq.
-Brody, Wilkinson PC-
Despite innumerable benefits derived from living in an electronic age, inherent risks exist which can have profound and far-reaching consequences for all users of technology. With so much sensitive employee related-information now [...]
THE SEVEN SINS OF EMPLOYEE TERMINATION BY BARBARA S. MILLER
THE SEVEN SINS OF EMPLOYEE TERMINATION BY BARBARA S. MILLER
-Brody, Wilkinson PC-
1. The Friday Afternoon Massacre
It seems that many companies have an overwhelming fondness for firing employees late on Friday afternoon. Maybe it is due to a tendency to put off the unpleasantness until the last minute. Maybe it is a way to [...]
Stewart & Stewart’s Doha Rounds Papers
The Law Offices of Stewart & Stewart, Washington D.C. has put together a series of papers that provide a snapshot of where the Doha Rounds stands. These papers are not intended as recommendations for U.S. or other negotiators. Rather, they are snapshots by an outside observer of an important moment in the negotiations.
Click [...]
WHAT LANDLORDS AND TENANTS SHOULD KNOW ABOUT THE BARRIER REMOVAL REQUIREMENT OF THE AMERICANS WITH DISABILITIES ACT. By David Y. Joe
The Americans with Disabilities Act of 1990 is a wide-ranging civil rights legislation that prohibits discrimination on the basis of disability under certain circumstances. Although many landlords and tenants are already aware that the ADA precludes new construction or alterations in existing structures that create obstacles to the disabled, landlords and tenants [...]
The Perils of California Employment Law By: Frank E. Melton, Olivia Goodkin and Wendy Lane Rutter, Hobbs & Davidoff – (Los Angeles, CA)
It is difficult to keep track of the various laws affecting employers in all 50 states, but California employers that do not focus on the substantial differences between California law and federal law may incur serious liabilities. Prudent companies with California operations simply cannot have uniform national policies or practices without [...]
Adoptions and Estate Planning: Something to Think About By Terence Nunan – Rutter, Hobbs & Davidoff (Los Angeles, CA)
Adoption is a subject that receives insufficient attention in estate planning. When a person, whether a child or adult, is adopted, the adoptee may automatically become a beneficiary to a testator’s estate and, therefore, inherit a portion of the estate.
Unlike marriage, adoption is, for most part, irrevocable. For example, if a [...]
Saving GST Tax By: Terence Nunan – Rutter, Hobbs & Davidoff (Los Angeles, CA)
Not all wills and trusts are alike. Buried in the back of many wills and trusts is a paragraph or two which seeks to deal with the possible imposition of generation skipping transfer tax (GST tax) if a child of the settlor of the trust dies prematurely leaving young children to inherit [...]
The Importance of Planning: Mitigate the Risk of Director and Officer Liability in Bankruptcy By Eric C. Peterson – Rutter, Hobbs & Davidoff (Los Angeles, CA)
For numerous reasons, bankruptcy can promise significant relief, and even new opportunities, for companies beset by financial hardship. With news of tightening credit markets, soft employment numbers, and decreases in capital expenditures, an increase in commercial bankruptcy filings may be on the horizon. As a corollary, litigation personally targeting the directors [...]
Attorney Avrom J. Gold, Esq. of Mandelbaum, Salsburg, Gold, Lazris & Discenza, P.C. (West Orange, NJ) argues successfully before the Third Circuit Court for a Precedential Decision
Our firm represents Richard Weiss, a successful securities trader, who has sued First Unum Life Insurance Co. for terminating previously provided long term disability (LTD) benefits after a massive myocardial infarction rendered him totally disabled. We alleged violations of federal RICO. The district court in New Jersey dismissed the RICO action as barred [...]
Food Crisis Signals Need for Comprehensive Approach to Agricultural Trade Policy By Terence Stewart of Stewart & Stewart (Washington, DC)
Like a hurricane, the perfect storm that has spurred the global food crisis continues to draw strength from the open ocean of factors that generated it. Unlike a hurricane, there is no great land mass on the horizon that will cause it to break up and disappear. There is, however, an opportunity [...]
A Rabbit Out of the Hat – Did the NY Court of Appeals Pull Out a New Rabbit for LLC Members or Just Use an Old Hat? By James E. Metzler, Partner Boylan, Brown, Code, Vigdor & Wilson, LLP (Rochester, NY)
In a recent decision, Tsolis v. Wolff, 2008 WL 382345, a divided (4-3) New York Court of Appeals held that members of a limited liability company (LLC) may bring derivative suits on the LLC’s behalf, even though there is no provision governing such suits in the Limited Liability Company Law (LLCL) passed [...]
Where Are All the New Rocket Dockets? Commentary on Patent Districts by Evalueserve Circle of Experts member, Philip Brooks
Where Are All the New Rocket Dockets? Commentary on Patent Districts by Evalueserve Circle of Experts member, Philip Brooks
Many of those involved with patent infringement litigation are well aware of the Texas Eastern Federal District Court’s popularity among patentees. The Wisconsin Western Federal District Court, known for moving cases quickly through its [...]
International Companies Require China-specific Patent Strategies (Click title for a press release concerning this topic from Evalueserve)
International Companies Require China-specific Patent Strategies (Click title for a press release concerning this topic from Evalueserve)
Non-Chinese firms need a China patent strategy, as IP litigation becomes more prevalent and fair…
Evalueserve – Primerus’ affinity partner for custom research work – has completed a landscape report about the state of patenting in [...]
Multi-million Dollar Settlement in E.Coli Death of Child By: Todd E. Slaughter, Esq. Reiner, Simpson & Slaughter, LLP (Redding, CA)
Multi-million Dollar Settlement in E.Coli Death of Child By: Todd E. Slaughter, Esq. Reiner, Simpson & Slaughter, LLP (Redding, CA)
Click on link above for the full article
A $13.5 million settlement was recently reached for the family of a 3 year-old who died after eating E.Coli tainted food at a Sizzler restaurant in South [...]
Milwaukee Family Gets $18M After Birthing Injury By Dinesh Ramde | Associated Press Writer Featuring Euel Kinsey, Esq. McKeen & Associates, P.C. (Detroit, MI)
A judge has approved an $18.2 million settlement from the government for a Milwaukee family whose daughter suffered brain damage during birth at a federally funded clinic. The lawsuit was argued in U.S. District Court because the clinic where the birthing complications occurred was a community health center funded by the federal [...]
Electrical Shock Injury At Hotel Ends Commercial Pilot’s Career; Settlement For Pilot Soon Before Federal Court Jury Trial Case: Commercial Pilot/Doe v. Hotel, Federal District Court Plaintiff’s Counsel – Richard N. Shapiro, Esq. Shapiro, Cooper, Lewis & Appleton, PC (Virginia Beach, VA)
Plaintiff was a 47 year old Captain for a commercial airline who piloted a 737 to a Virginia international airport on June 30, 2005. Before piloting a similar jet on the next morning of July 1, 2005 outbound, pilot and the crew stayed at the Virginia hotel routinely used by the airline crews. The [...]
The ‘Power’ of E-Mails and Text Messages By: Mark A. Berman, Esq. Ganfer & Shore, LLP (New York City, NY)The ‘Power’ of E-Mails and Text Messages By: Mark A. Berman, Esq. Ganfer & Shore, LLP (New York City, NY)
The ‘Power’ of E-Mails and Text Messages By: Mark A. Berman, Esq. Ganfer & Shore, LLP (New York City, NY)
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Emails can be your best friend or worst enemy. New York courts have issued a series of decisions, since the beginning of the year, finding that e-mails, when [...]
Appellate Division Decision Reaffirms Need To Properly Adopt And Document Flip Tax Policies A Ganfer & Shore Client Advisory for July 2008
Under the New York Business Corporation Law, a cooperative may impose a transfer fee, or “flip tax,” on the sale of shares pertaining to a cooperative unit. However, such a flip tax must be adopted in accordance with proper procedures and incorporated in the Proprietary Lease for the cooperative units. If a flip [...]
Condominium Could Not Avoid Complying With Court-Ordered Stipulation By Amending By-Laws A Ganfer & Shore Client Advisory for July 2008
The owner of a condominium unit sued the Condominium for an injunction against the Condominium’s “accessing his unit and hanging scaffolding from his wraparound terrace to facilitate washing the building’s exterior windows, on the ground that such action was not authorized by [the Condominium’s] declaration and bylaws.” The litigation was resolved by [...]
Court Decision Ordering Cooperative Board To Approve Sale Of Apartment To Disable Person Affirmed A Ganfer & Shore Client Advisory for July 2008
We previously reported on an unusual case in which a Manhattan judge directed a cooperative board to approve the sale of an apartment. (Please see the January 2006 and July 2007 issues of this Client Advisory). The board had initially approved the sale, but rescinded its approval after the would-be purchaser requested permission [...]
Website Privacy Policies By: Natasha Shabani, Esq. Rutter Hobbs & Davidoff, Incorporated (Los Angeles, CA)
A privacy policy is a legal notice on a website providing information about the use of consumers’ personally identifiable information by the website owner. While there currently is no general federal law requiring any website operator to post a privacy policy, there is a California state law (discussed below). Moreover, the Federal Trade [...]
Advertising And Intellectual Property Law Update By: Greg Sater, Esq. Rutter Hobbs & Davidoff Incorporated (Los Angeles, CA)
Online sales are booming. They increased 17% in Q1 and are projected to exceed $200 billion this year. High gas prices are favoring online sales, as more consumers decide to shop from home and as a result visit more social networking, shopping, and other websites.
It is not surprising that most of the cutting [...]
A Survey of the Impact of Declining Property Values on Residential Real Property By: John Hemenway, Esq. Shareholder, Bivins & Hemenway, P.A. (Valrico, [Tampa/Brandon area] FL)
Recent years have hosted a surge in residential real estate values in many parts of the nation, fueled by homeowners turned investors lured by the promise of low risk and high returns within short periods. This run up spawned a minor cultural phenomenon featuring television shows on renovating and flipping properties and [...]
Results of Altman Weil’s 2008 Chief Legal Officer Survey Supplied by Bill Brennan, Principal Altman Weil
Results of Altman Weil’s 2008 Chief Legal Officer Survey Supplied by Bill Brennan, Principal Altman Weil
Sample Results
• 26.2% intend to decrease their use of outside counsel (compared to about 16.5% in each of the past two years).
• 48.4% of survey participants fired or are planning to fire one of the law firms [...]
“A Conversation With Brian McKeen”, McKeen & Associates P.C. (Detroit, MI) Originally published in “Crains Detroit Business”, March 3, 2008
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“A Conversation With Brian McKeen”, McKeen & Associates P.C. (Detroit, MI) Originally published in “Crains Detroit Business”, March 3, 2008
