Paul F Millus

Paul F Millus

December 20, 2023 | New York Law Journal

The Devil Is in the Details: Contractual Modification of Fiduciary Duties

The 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 Rose

The 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 Arbitration

Paul 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 Gap

Paul 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 Gambit

Paul 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 Legality

Paul 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 Employers

Richard 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 Law

Paul 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 137

Paul 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