<i>Jancik v. Redbox Automated Retail</i>
October 02, 2014
Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
Control of Common Areas
October 02, 2014
This article presents a brief primer on the current state of the always evolving common law of quiet enjoyment and constructive eviction, and then offers suggested lease language to avoid unnecessary confusion.
Gendered Dress Codes
October 02, 2014
The potential pitfalls for employers with regard to transgender employees are enormous. Most courts that have held that the gender-stereotyping theory of <I>Price Waterhouse v. Hopkins</I> extends Title VII protections to those individuals.
The Appropriate Interest Rate Under ' 506(b)
October 02, 2014
The recent decision rendered by Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York in the Chapter 11 cases of Residential Capital, LLC (ResCap) on the oft-disputed issue of the appropriate interest rate calculation under Section 506(b) of the Bankruptcy Code is discussed.
Online Consumer Privacy
October 02, 2014
Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.
Co-tenancies and Mixed-Use Madness
October 02, 2014
There are myriad issues that must be addressed when leasing space within a mixed-use development that differ from the standard issues when leasing space within retail centers such as enclosed mall shopping centers. This article focuses only on one difference.
NLRB Joint Employer Standard
October 02, 2014
A reworking of the National Labor Relations Board's (NLRB) joint employer standard appears to be a near certainty. For instance, in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonald's USA over violations that allegedly occurred at franchisee-owned restaurants.
Extraterritoriality and Whistleblower Retaliation
October 02, 2014
In-house counsel for multinational corporations and counsel for foreign plaintiffs often must deal a serious issue. Specifically, can overseas whistleblowers avail themselves of United States whistleblower protection laws? If so, under what circumstances? How can corporations protect themselves against claims of retaliation from company whistleblowers located outside the United States?
Using Social Media Content to Defend Employment-Related Lawsuits
October 02, 2014
Because social media is a major vehicle for interacting with the world and exchanging information, it is no surprise that such a ubiquitous aspect of American culture would contain information relevant to litigation. It is therefore important that attorneys be able to recognize when and how social media content may provide valuable evidence in a case.
Court Praises Predictive Coding, Then Rejects It
October 02, 2014
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.
