The Death Benefit Only Plan for Non-Profits
July 02, 2014
The Death Benefit Only (DBO) Plan for Non-Profits is an arrangement in which the employer, a 501(c) non-profit organization, agrees to pay the actuarially determined cost of the current death benefit on a permanent life insurance policy to be owned by the employee or employer. The employer and employee enter into a written agreement that ordinarily requires the employer to make premium payments as long as the employee works for the employer.
Industrial and Warehouse Leases
June 02, 2014
The variety of potential uses for the building can make an industrial lease extremely complex. Under-negotiation of the lease by either landlord or tenant can result in unexpected costs and issues.
First-Amendment Defenses Against Whistleblowers
June 02, 2014
The First Amendment prohibits restrictions on speech, including compelled speech. However, mandatory disclosures have long been the linchpin of several major regulatory schemes.
Bit Parts
June 02, 2014
Harlequin Authors' e-Book Royalties Suit Continues on "Unrelated Licensees" Rate Claim<br>New York Federal Court Sees No Joint Venture in Agreement Between Slip-N-Slide Records and Island Def Jam Music
Practice Tip: The Rule Against (Liability in) Perpetuity
June 02, 2014
Given the contrary positions taken by the Fourth, Fifth, and Ninth Circuit Courts of Appeal regarding the interpretation of CERCLA ' 9658, the Supreme Court's grant of certiorari in <I>Waldburger</I> is not only timely, but essential to providing manufacturers protection from stale claims ...
The 'Going and Coming' Rule
June 02, 2014
Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.
Drug & Device News
June 02, 2014
Discussion of several key news items of importance to legal practitioners.
Food Labeling Claims: Differing Approaches
June 02, 2014
A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Medical Monitoring
June 02, 2014
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.