Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions
October 02, 2017
In his final ruling, Judge Mazzant clarified that he was not questioning the DOL's authority to adopt a salary level test as part of the overtime exemptions. Rather, Judge Mazzant explained that the Obama-era DOL had gone too far in adopting a salary level so high as to become the "de-facto" test for meeting the overtime exemptions.
Ninth Circuit Reignites Debate over the Interplay of Sections 363, 365
October 02, 2017
Bankruptcy Code sections 363 and 365 provide different rights for different parties, and they usually operate independently of one another. However, in situations where the two sections overlap, a number of courts have held they are in conflict, because a party invoking one of the provisions will seek to override the interest of a party invoking the other.
In the Courts
October 02, 2017
A three-judge panel of the Second Circuit upheld the conviction of Mathew Martoma for insider trading and, in doing so, overruled part of <I>United States v. Newman</I>, thereby removing one obstacle for prosecutions of insider trading.
Surviving the Retail Shift
October 02, 2017
<b><I>Landlords' Duty to Mitigate Damages.</b></i><p><i><b>Part Two of a Five-Part Series</I></b><p>In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?
The Cost of Making Partner
October 02, 2017
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.
No Harassment, But Retaliation Claim Survives
October 02, 2017
Just as the adage is that "the coverup is worse than the crime," we know that in employment law, "the retaliation claim is more dangerous than the underlying discrimination." The latest example of this is in the recent decision of <I>Austin v. Bloomin' Brands, Inc.</I>.
Development
October 02, 2017
A look at a case in which, in a developer's article 78 proceeding challenging the town's denial of its application to rezone property, the town moved to dismiss.
Update: The China Equipment Leasing Market
October 02, 2017
<b><I>Reaching an Inflection Point</I></b><p>As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.
Exit Interviews and Your Firm's Culture
October 02, 2017
Through the process of conducting exit interviews with the good attorneys who have left, along with those the firm has asked to leave, you can gather intel about your firm's culture. The business justification for doing exit interviews is to learn about and improve systematic organizational or interpersonal issues that may be adversely impacting your firm.
