CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete
September 26, 2008Darryl A. Hart
What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in Rivkin v. Century 21 Teran Realty LLC, the Second Circuit certified the question to the New York Court of Appeals. Rivkin answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).
September 26, 2008Stewart E. SterkA look at recent rulings of importance.
September 26, 2008ALM Staff | Law Journal Newsletters |Commentary on the latest cases.
September 26, 2008ALM Staff | Law Journal Newsletters |A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned ' the employees, the manager/supervisor and the company. Hence the "love contract."
September 24, 2008Barbara Reeves NealPart One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.
September 24, 2008Elise M. Bloom, Fredric C. Leffler and Thomas A. McKinneyAfter much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.
September 24, 2008Stanley S. Arkin, Peter B. Pope and Barrett N. PrinzIn a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. United States v. Stein. This article discusses the case in depth.
September 24, 2008Laurence A. Urgenson and Jason P. HernandezAccustomed to manning the ramparts in defense of its landlord client's form of lease, it is always a bit unsettling for a landlord's lawyer to be advised by its client that "for this national tenant, we must work from the tenant's form of lease." Suddenly, instead of engaging in the familiar determination of which of the tenant's requested lease revisions are acceptable to the landlord, the lawyer is faced with determining which essential provisions of a lease from landlord's perspective are either entirely or substantially missing from the tenant's form of lease and then negotiating to include such provisions.
August 27, 2008Myles Hannan
