The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act
July 07, 2017
<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
Genomic Testing: The Perils and the Pitfalls
July 02, 2017
There are pitfalls for providers and companies that offer genomic testing. They might include not offering genetic testing if it is indicated, not offering the proper testing, or reporting inaccurate or misleading results. Each of these has the potential to generate a lawsuit, and indeed each of them already has.
The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE
July 02, 2017
The case of <I>Lewis v. Shulkin</I>, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.
POCs and the FDCPA: A License to File
July 02, 2017
Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).
Why Associates Leave and How You Can Get Them to Stay
July 02, 2017
When a seemingly happy and successful associate announces the decision to move on, his or her firm can be left feeling shocked and confused. This article provides insight behind these moves, and what law firms can do to make their top associates want to stay.
Easy As FMV: Modern Fair Market Value Renewal Methods
July 02, 2017
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
Public Trust Doctrine Thwarts Willets Point Redevelopment
July 02, 2017
In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
