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The 'Going and Coming' Rule
Under the “going and coming rule,” an accident that occurs off the employer's premises while an employee is going to or coming from work does not arise out of and in the course of employment. An employee's trip to and from work is a product of one's decision where to live, in which the employer has no interest. An injury that occurs while traveling to and from work is a consequence of risks or hazards to which all members of the traveling public are exposed. Those risks are not germane to the employer's work or business.
However, a traveling employee whose work involves travel away from the employer's premises is considered to be within the scope of employment, unless there is a distinct deviation so substantial that the employee abandons the job. A deviation may occur when an employee engages in a personal activity.
Although the “traveling employee” exception is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule. The traveling employee doctrine has vast applications beyond workers' compensation law, and the same principles may be applied in other liability or coverage contexts. For instance, general liability policies exclude coverage for damages or injuries that occur in the course of employment. Courts may look to rules and key factors established in workers' compensation case law to interpret similar policy language. The precedent set may have an extended effect in insurance law.
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.