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Can Law Firm Partners Sue the Firm for Employment Discrimination?
Part One of this article discussed why law firms are susceptible to discrimination suits by their partners ' especially large firms. It also covered the threshold requirements for law firm partners to do so. In Part Two, the authors examine case law on determining whether a partner is an “employee” and how a firm's size and type of ownership can affect a partner's ability to sue for employment discrimination.
Sidley: Law Firms are on Notice
In October 2002, the Seventh Circuit decided EEOC v. Sidley Austin Brown & Wood, 315 F.3d 696 (7th Cir 2002) (hereinafter Sidley), which should serve as a wake-up call for law firms, especially large firms. In Sidley, the firm demoted 32 of its equity partners to “counsel” or “senior counsel,” prompting the Equal Employment Opportunity Commission (EEOC) to initiate an investigation, sua sponte, to determine whether the demotions violated the Age Discrimination in Employment Act (ADEA). As part of its investigation, the EEOC issued a subpoena seeking documents that would allow it to determine whether the demoted partners were employees and could therefore invoke the ADEA.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?