“Nothing personal; it’s just business.” Otto Berman, an accountant for organized crime in America in the 1920s and 30s, coined that phrase. Regrettably, it has remained in the corporate vernacular for far too long. It’s time we banish that organizational ...
Read More »Speech or conduct? Effects of website designer ruling uncertain
It’s too early to assess the ramifications of the U.S. Supreme Court’s recent ruling that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples, according to some legal experts. “The boundaries of ...
Read More »Retirement comments not direct evidence of age bias
Even though a university dean and provost made comments about a professor’s retirement plans, those comments, without more, were not “direct evidence” of age discrimination. The decision is Palmer v. Liberty University. Plaintiff Eva Palmer sued Liberty University, alleging age ...
Read More »An employer’s guide to compassionate communication with employees
Facing the daunting task of downsizing one’s workforce can be an emotionally challenging experience. It is crucial for leaders to make well-informed decisions while considering the impacts on both departing and remaining employees. Outlined below are five high-level considerations that ...
Read More »Structuring a commercial real estate investment
As a commercial real estate lawyer, I understand that my clients often rely on their financial analysts and their projections, forecasts and assumptions to determine whether to invest in a real estate venture. Whether a lawyer or a nonlawyer, it ...
Read More »Manager fails to show age was reason for termination
Where the record showed an employee’s position was eliminated because of a need to downsize and because he scored the lowest of three sales managers on a decision matrix, a federal trial court in Virgnia concluded that his age discrimination ...
Read More »Court denies employer’s motion to compel arbitration
An employer’s motion to compel arbitration of a former employee’s discrimination claim should be denied because there is a genuine issue of material fact regarding whether the plaintiff agreed to arbitration, a federal court in Michigan has held. Blue Cross ...
Read More »$630 million legal-malpractice claim can proceed
A trial judge in Massachusetts has ruled that a partner in a multi-billion-dollar hedge fund can bring a malpractice claim against law firm Proskauer Rose for incorporating a provision in his limited partnership agreement that enabled the fund’s general partner ...
Read More »Can artificial intelligence be trusted to draft a construction contract?
If you ask one of the leading artificial intelligence chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than relying solely on ChatGPT ...
Read More »The litigation privilege
In the Commonwealth of Massachusetts, the litigation privilege provides that statements by a party, witness, or counsel during a judicial proceeding are absolutely privileged, so long as the communications are related to that proceeding. Consequently, there can be no civil ...
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