EU's Antitrust Move Against U.S. Studios
The European Commission's (EU) recent decision to file antitrust claims against six major U.S. film studios is an aggressive approach at dismantling how Hollywood does business. Even so, it comes as little surprise to antitrust experts given the regulatory agency's push to unify consumer access to digital products in the European Union.
Mental Health Issues in the Workplace
Many employers seem almost paralyzed by the oft-present fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.
Managing Security Risks During Labor Disputes
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the National Labor Relations Board's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act.
Encroachment and Franchisee Claims of Constructive Termination
Encroachment" is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.
Verdicts
A look at a case in which a medical provider was sued for allegedly providing a drug overdose to an alcoholic patient.
Auto-Renewals and the True Lease Question
Outside of bankruptcy, if the rights of a lessor against a lessee in default are to be enforced, there is a very material difference in the rights and obligations of both parties depending upon whether the UCC Article to be applied is Article 2A governing true leases or Article 9 governing secured transactions.
Two Small Words, One Great Divide
The Supreme Court of Pennsylvania recently joined the majority of other jurisdictions that in holding that a policy providing an exclusion for an employee of "the insured" meant an employee of the insured seeking coverage under the policy, but not of any of the other insureds under the policy, or even of the Named Insured.
