By Mara Levin and Anthony Mingione | February 19, 2021
Employers should make sure their testing programs are compliant with existing laws, their supervisors are trained to observe intoxication, and their policies are strong—but also flexible.
By Gerald T. Hathaway | February 19, 2021
Labor and employment due diligence rarely can, but sometimes does, cause a buyer to walk away from a deal.
By Daniel Turinsky, Evan D. Parness and Janeen R. Hall | February 19, 2021
Employees working remotely may still experience incidents that give rise to claims of discrimination and/or harassment virtually, through video streaming platforms or chat apps as well as email and text messages.
By Glenn S. Grindlinger and Bryn Goodman | February 19, 2021
New York's draconian wage and hour laws limiting tip pooling and sharing to only "food service workers" creates pay disparity and erects barriers between back-of-house, kitchen workers and front-of-house, service employees.
By Angela Turturro | February 8, 2021
In this Special Report: "Lights, Camera, Action: Effective Strategies To Avoid Ethics Violations Practicing Virtually," "A Data-Driven Analysis of Spoliation Risk in the Top Five Largest States by Population," "Increasing Regulatory Protections in Foreign Markets," "Not My Brother's Keeper: Understanding the Duty To Preserve Non-Party Consultant Documents" and "M&A Pandemic Litigation and the 'AB Stable' Decision."
By Francine Friedman Griesing | February 5, 2021
Meeting our ethical duties takes conscious effort, but it can make the difference between keeping your team on the right side of the line and facing avoidable sanctions.
By Robert Malionek and Elizabeth Sahner | February 5, 2021
A series of lawsuits in 2020 related to COVID-19's effect on purchase or merger agreements have raised key questions about whether the pandemic caused a Material Adverse Effect (MAE) that excused buyers' obligation to close, and whether targets breached ordinary course covenants in their pandemic responses.
By Ronald W. Zdrojeski and Kamryn M. Deegan | February 5, 2021
Like the number of lawsuits filed generally, the number of spoliation disputes decided in various state courts pales in comparison to the number decided in New York.
By Luna Barrington and Sarah Ryu | February 5, 2021
When litigation against the company concerning a deal becomes imminent and the company must take steps to preserve documents, a question may arise with respect to consultant's documents. Notwithstanding the fact that such consultants are non-parties and separate legal entities from the company that retained them, must the company take steps to ensure that consultants' documents are preserved? This article explores the current law and proposes considerations to help practitioners navigate the issue.
By David Wishengrad and Helena S. Franceschi | February 5, 2021
Many regulators have become more comfortable examining and punishing extraterritorial conduct, as long as it impacts their home market in some manner.
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