July / August
Showing 545–560 of 616 results
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Damage control – Surviving a business interruption
July / August 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1175
Abstract: Whether it’s minor, such as a lightning strike that shuts down production for a day, or major, such as a lengthy labor strike, a business interruption not only reduces income, but also simultaneously creates new expenses. The key to surviving a business interruption is to restore normal operations as quickly as possible. Insurance plays a critical role. This article explains business interruption insurance, how to file a claim, what to do to mitigate loss, and how to establish a loss period. A sidebar addresses scope-of-coverage issues.
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Acting in good faith at question in FLSA case
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 568
Abstract: A five-restaurant chain failed to pay overtime to employees whose weekly hours totaled more than 40 when working at more than one location. When the case went to court, the owners claimed they weren’t aware that they owed overtime pay. And so arose the case of Chao v. Barbeque Ventures LLC, in which the Eighth Circuit had to decide whether those owners had acted in good faith to meet the requirements of the Fair Labor Standards Act. Chao v. Barbeque Ventures, LLC, 547 F.3d 938 (8th Cir. 2008) Goldberg v. Kickapoo Prairie Broadcasting Co., 288 F.2d 778 (8th Cir. 1961)
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The Family and Medical Leave Act – Think twice before firing someone on qualified leave
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1113
Abstract: In Martin v. Brevard County Public Schools, the Eleventh Circuit decided whether a hire was eligible for leave under the Family and Medical Leave Act (FMLA). The employee took the leave as scheduled, but the district notified him that it wouldn’t renew his contract because he hadn’t completed a required performance improvement plan. He sued, alleging interference with his FMLA rights and retaliation for taking leave. In this case, the employee won the right to go to trial. But a sidebar illustrates a different case in which an employee’s argument was rejected. Martin v. Brevard County Pub. Sch., 543 F.3d 1261 (11th Cir. 2008) Bass v. Lockheed Martin Corp., 287 Fed. Appx. 808 (11th Cir. 2008)
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Did employee’s cooperation lead to employer’s retaliation?
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 554
Abstract: One of the stated purposes of Title VII is to protect workers from employment retaliation. But does its protection extend to employees who are fired after they cooperate with an employer’s discrimination investigation — even though they themselves didn’t initially complain of the discrimination at issue? This was the question in one case before the U.S. Supreme Court. Crawford v. Metro. Gov’t of Nashville & Davidson County, 129 S. Ct. 846 (U.S. 2009)
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New wage bias act reverses Supreme Court’s Ledbetter decision
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 797
Abstract: The new Lilly Ledbetter Fair Pay Act reverses the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. The new act permits employees to file charges within 180 or 300 days after each instance of receiving compensation based on discriminatory motives (as opposed to the same period after first discovering they’d been discriminated against). This article discusses the particulars of the case, while a sidebar uses a different case to show that, while the Ledbetter Act may open the door to more lawsuits, it doesn’t ease the actual criteria in proving them. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (U.S. 2007) Virgona v. Tufenkian Import-Export Ventures, Inc., 2008 U.S. Dist. LEXIS 72139 (S.D.N.Y. 2008)
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Construction Law Quickcase – Roofers Edge v. Standard Building – Existential defense costs general contractor dearly
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 275
Abstract: As lines of credit tighten, parties who find themselves unable to fulfill their payment responsibilities may turn to desperate, sometimes even bizarre, measures to escape their obligations. One company that tried to deny that it had even contracted with the plaintiff ended up paying more than twice what the work would have cost in the first place.
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Failure to negotiate dooms damage limitation clause
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 502
Abstract: In boilerplate professional service contracts, architects and engineers insert clauses limiting their liability for professional errors and omissions to the amount of their fees under the contract. But the ability to enforce these provisions when a professional error or omission causes losses substantially exceeding that professional fee varies from state to state. A recent California case, Greenwood v. Murphy, illustrates one sticking point regarding this matter — a failure to negotiate.
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Fill in the blank: The dangers of preprinted legal docs
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 478
Abstract: Reliance on preprinted legal forms without consulting a knowledgeable construction lawyer can prove costly, as illustrated by the recent Kansas case Buchanan v. Overley.
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Prove it or lose it – Surety required to substantiate bond losses
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 653
Abstract: When the owners of a failed contracting business have financial means other than the assets of the contractor, bonding companies may pursue collection. Such was the case in Centennial Insurance v. Horizon Contracting. The lesson: It’s important for all parties involved in construction projects to maintain organized files of documents such as invoices and canceled checks.
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There must be a gang – Civil RICO convictions are no slam dunk
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 965
Abstract: Many construction fraud victims are tempted to bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), which can offer triple damages. But courts are indicating that those who pursue such a claim must meet certain criteria. The case of Wickes Furniture v. Carpman illustrates one decisive factor in particular: whether an organized gang is involved in the crime.
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Dealer Digest – Online auctions: An oasis in arid times?
July / August 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 433
Abstract: This month, “Dealer Digest” examines the growth of online auctions and discusses a survey showing that financial executives are placing increased emphasis on cost cutting.
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3 qualified retirement plans you may want to consider
July / August 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 353
Abstract: Although it may be tempting to make cuts in these difficult times, qualified retirement plans still offer sound advantages: not only tax breaks, but morale and productivity boosts, as well. This short article takes a brief look at 401(k)s, SEP IRAs and SIMPLEs.
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Keeping tabs on Mr. Wrench – How to measure your technicians’ performance
July / August 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 849
Abstract: When your service department is slow, it’s more important than ever to make sure your technicians are performing up to par. There are a number of procedures to ensure accountability. How do you calculate contributions and create incentives? What are the pros and cons of guaranteed wages? How do you judge the “comeback ratio” and determine the performance of more experienced employees? These issues are explored, while a sidebar addresses labor hours and profitability.
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Is now the time? Passing the baton to your children may be a wise move
July / August 2009
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 892
Abstract: Reflecting the downturn in the general economy and especially the automotive industry, the value of many auto dealerships nationwide unfortunately is quite low of late. For this reason — and because interest rates are low — now may be a good time to transfer your dealership to your children. But there are a number of factors to consider. What are the pros and cons of an installment sale? Should you try to receive less so as to minimize estate taxes? What are the advantages of creating voting and nonvoting stock? Will the factory have concerns about the succession? And how should real estate rights be assigned? This article addresses these concerns.
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Construction Success Story – Contractor learns the ins of out-of-state projects
July / August 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 364
Abstract: A contractor who had established a successful commercial electrical systems installation and repair business in his home state was considering bidding on jobs in neighboring states. At face value, it seemed like a great way to increase revenue and ultimately expand his business. Before venturing too far afield, however, the contractor ran the idea by his financial advisor, who explained that each state has its own laws and requirements for taxes, workers’ compensation, licenses, insurance and bonding.
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Employment update – E-Verify system now required for federal projects
July / August 2009
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 673
Abstract: E-Verify, the free, Internet-based system that matches an employee’s Social Security number to his or her I-9, has become a requirement for the growing number of contractors taking on federal projects. This article describes who is required to sign on, how to do so, and the pros and cons of the system. A sidebar discusses new I-9 guidelines.