December 20, 2023 | New York Law Journal
The Devil Is in the Details: Contractual Modification of Fiduciary DutiesThe written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
By Paul F. Millus
11 minute read
November 23, 2018 | New York Law Journal
The Dissatisfied Minority Shareholder or LLC Member: What Can She Do After the Bloom Is Off the RoseThe fact is, minority shareholders/owners have very little (or potentially no) control over when and how much money they will receive in distributions based on their investment (if any).
By Paul F. Millus
11 minute read
June 19, 2017 | New York Law Journal
Employment Disputes: Fox News and the Effort to Upend Mandatory ArbitrationPaul F. Millus looks at Gretchen Carlson's suit against Roger Ailes, which attempted to avoid the imposition of mandatory arbitration by not also naming Fox News. How would that argument have fared if the case hadn't settled?
By Paul F. Millus
17 minute read
May 03, 2017 | New York Law Journal
The Government's Answer to Bridging the Gender Wage GapPaul F. Millus writes: There are a multitude of arguments and talking points both for and against laws prohibiting employers from asking job candidates about their salary histories, but the fundamental question is: Does a law prohibiting this particular inquiry violate the employer's right to free speech under the First Amendment?
By Paul F. Millus
16 minute read
April 08, 2016 | New York Law Journal
NLRB and the Joint Employer: Is Franchising on the Ropes?Paul F. Millus writes: Lately, there is never a dull moment at the National Labor Relations Board. Recent NLRB decisions have rewritten the labor law map in a variety of ways but nowhere more significantly than in the areas of franchising and outsourcing.
By Paul F. Millus
27 minute read
February 16, 2016 | New York Law Journal
Equal Pay for Equal Work: The Government's Next GambitPaul F. Millus writes: For years it has been reported that female employees earn 77 cents for every dollar earned by a man. While conclusions reached by some on the subject may be questioned based on a variety of factors, there is no question that equal pay is a topic of serious debate and now, the government has weighed in again on the subject.
By Paul F. Millus
9 minute read
November 18, 2014 | New York Law Journal
Executive Orders: Constitutional Underpinnings and LegalityPaul F. Millus discusses the history of executive orders and the issues associated with the president's power to issue executive orders mandating inaction in deportation decisions, which have never been more pronounced than they are today.
By Paul F. Millus
13 minute read
August 06, 2014 | New York Law Journal
Cannabis Conundrum: Medical Marijuana Law and EmployersRichard D. Winsten and Paul F. Millus discuss cases in other states relating to an employee's use of medical marijuana and an employer's rights as stated in a written drug policy, and what those cases bode in terms of how local courts will handle New York's Compassionate Care Act in an employment setting.
By Richard D. Winsten and Paul F. Millus
11 minute read
May 08, 2014 | New York Law Journal
'New' Avenue for Payment of Medical Care: the Prompt Pay LawPaul F. Millus writes: The Prompt Pay Law purportedly imposed standards on insurers for the "prompt, fair and equitable" payment of claims for health care services, but has never been user-friendly for patients or physicians. A recent decision gives them a potent weapon previously unavailable to them to force the carrier's hands.
By Paul F. Millus
9 minute read
June 17, 2010 | New York Law Journal
Getting Paid: Interplay Between Judiciary Law and Part 137Paul F. Millus, a partner at Snitow Kanfer Holtzer & Millus, and Virginia K. Trunkes, an associate at the firm, write that in today's economic climate, attorneys must be mindful of their rights and obligations concerning collection of fees from former clients. They explore these issues and also highlight a significant bill under consideration that will affect all attorneys, if passed.
By Paul F. Millus and Virginia K. Trunkes
11 minute read
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