April 10, 2020 | New York Law Journal
Employees and Employers: After the COVID-19 Layoffs, Brace Yourselves for Retaliation ClaimsSome of the employees who will be terminated will still have pending complaints with the EEOC, the SEC, and other authorities at the time of the layoffs—and some of them will suspect that they were terminated not merely for economic reasons, but also for retaliatory ones.
By Milton L. Williams and Derek Borchardt
7 minute read
February 21, 2020 | New York Law Journal
Employment Lawyers 'Side Switching' in the #MeToo EraSince the #MeToo movement, there have been several incidents of public outrage directed toward lawyers who "switched sides"—specifically, attorneys for accusers who switched to represent the accused. In the employment law context, this article provides a refresher on the relevant ethics rules attorneys who represent both employees and employers should keep in mind.
By Milton Williams and Derek Borchardt
7 minute read
January 21, 2020 | Law.com
Why the Supreme Court Denied Review of Eighth Circuit Murder ConvictionThe Supreme Court recently declined to review 'Cottier v. United States', an Eighth Circuit decision upholding a conviction of second-degree murder.
By Davida S. Williams
5 minute read
January 14, 2020 | The Legal Intelligencer
OAG Brings Criminal Charges Against Company, Owner for Wage ViolationsEmployers in Pennsylvania should stay on their toes as the Pennsylvania attorney general (AG) announced charges against a major mechanical contractor engaged in numerous public works projects for crimes arising from a prevailing wage dispute.
By Christopher D. Carusone, Steven M. Williams and Carl L. Engel
4 minute read
January 10, 2020 | The Legal Intelligencer
Truckers Score New Year's Eve Win in Bid to Block Calif. 'Gig Worker' LawAB-5, known as the "gig worker" law, was signed into law on Sept. 18, 2019, by California Gov. Gavin Newsom, who penned his support for the law in an op-ed touting a need to reverse what he called a "trend" of employer "misclassification" by re-classifying what could be tens of thousands of freelance workers and independent contractors as company employees.
By Roman T. Galas and Heather L. Williams
6 minute read
December 09, 2019 | The Recorder
9th Circ. Considers 'Qualcomm': Will 'Fake Facts' Overcome Legitimate State Interests?Antitrust laws serve vital government interests by promoting free competition and innovation and protecting consumer welfare. The language of the Sherman Act and Clayton Act and their state law analogues, as well as their legislative histories, make that clear.
By Steve Williams and Gayatri Raghunandan
7 minute read
November 22, 2019 | Texas Lawyer
Cyber Resilience and the Importance of a Plan: How Law Firms Can Defend Against Cybersecurity RisksWorld-famous boxer Mike Tyson once said, "Everyone has a plan 'til they get punched in the mouth." Those words of wisdom can pertain tobusiness,…
By Jeff Eckert & Steven N. Williams
9 minute read
November 13, 2019 | New York Law Journal
Commercial Property Tax Rates To IncreaseCommercial buildings really could have used the tax break. Retail has suffered through increased vacancy and lower asking rents. Hotel supply outpaces demand while RevPAR falls.
By Benjamin M. Williams
7 minute read
October 25, 2019 | New York Law Journal
A Philosophy of Cross-ExaminationNo one cross-examines a witness using syllogisms per se. Rather, the effective trial advocate, through his or her questions, develops testimony and signals inferences that the jury will grasp, recall, and care about, and this presentation requires an exercise of judgment as to which facts will drive the most helpful inferences (and will not drive any harmful inferences) and, tactically, how best to signal the desired inferences effectively to the factfinder (without backfiring).
By Milton L. Williams, Brian D. Mogck and Daniel A. Cohen
15 minute read
July 10, 2019 | Daily Business Review
Understanding Exactions and Recognizing Prohibited Governmental ExactionsImagine that you are trying to develop a piece of vacant land into an apartment complex to meet the community's dire need for affordable, quality housing for teachers, first responders and our workforce.
By Katie Edwards-Walpole and Keith Williams
5 minute read