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Which State's Anti-Discrimination Law Applies?
For today's multistate employer, it is rare to see a set of case facts that touches on only one jurisdiction. Take the example set by a 2010 age discrimination case out of New York. In Hoffman v. Parade Publications, the plaintiff worked and resided in Georgia; the decision to end his employment was made in New York at the defendant's New York headquarters, and he received news of his termination while in West Virginia. Such a factual scenario begs the question: Which state's law applies? Is it the law of the state where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt (generally, where the plaintiff resides)?
This article addresses recent case law on this issue, ending with an analysis of the New York Court of Appeals' decision in Hoffman. It concludes that the application of a state's laws beyond its borders conflicts with the longstanding and well-accepted principle that a state's law should only be given effect within its boundaries. Therefore, states should not extend their anti-discrimination statutes to those working outside their borders unless the employee can plead and prove that the alleged discrimination had an actual impact within the jurisdiction.
The General Presumption Against Extraterritoriality
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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.