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Perceived Mental Impairment in the Workplace
Almost every employer has experienced it: the employee who suddenly seems a little “off,” the rumors circulating among the co-workers that he is “odd,” “strange” or “crazy,” and then the resulting concerns from employees who are uncomfortable around, or fearful of, the labeled employee. Employers who take action because there are rumors that the employee is “crazy,” “psycho” or “nuts” often find themselves the subject of an Americans with Disabilities Act (“ADA”) lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do? How an employer handles concerns about an employee may be the difference between an amicable work environment and a lengthy and costly lawsuit.
The 'Regarded As' Prong of the ADA
The ADA prohibits an employer from discriminating against an employee because of a disability. Under the ADA, an individual has a disability if he or she has an actual impairment that substantially limits a major life activity; has a record of an impairment that substantially limits a major life activity; or is regarded by his or her employer as substantially limited in a major life activity.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.