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Labor, Employment and Benefits: Alert - February 6, 2012

The U.S. Supreme Court recently denied an employer’s request for review of a decision by the U.S. Court of Appeals for the Eighth Circuit, which held that tipped employees spending more than 20 percent of their time performing related but non-tipped duties must be paid the full minimum wage for that time, without the tip credit.

Construction: Alert - January 30, 2012

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.

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Ensuring Choice-of-Law Provision Includes Non-Contractual Claims

New York Law Journal

July 7, 2009

Mitchell Jed Geller - New York

Since the purpose of a choice-of-law provision designating New York law (or other state's law) is to encompass any and all claims, controversies or disputes arising under or related to the agreement or the relationship between the parties, the failure to include such language can be devastating to a client if another state's law applied under a conflicts analysis is materially different from New York law. This article discusses how this unfortunate result can easily be avoided by the use of certain key words in the choice-of-law provision. To view the full article, please click on the link below.

READ: Ensuring Choice-of-Law Provision Includes Non-Contractual Claims

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