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New York Law Journal: Featured Columnists February 27, 2009

By David Badertscher, PLL

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Friday, February 27, 2009
By Michael I. Rudell and Neil J. Rosini

"Michael I. Rudell and J.Neil Rosini, partners in Franklin Weinrib Rudell & Vassallo, write that the Freedom to Work Act has brought relief to many, but not all, broadcast employees who wish to change employers at the end of a contract term without delay, without leaving the industry, and without fear of litigation. However, they warn, as long as broadcast agreements include a right of first negotiation and matching right that apply to post-term employment, employees bound to those contracts either will comply or attempt to evade such provisions and face the consequences. With high salaries and high-profile careers sometimes at stake, one may assume that a court proceeding will determine whether the act precludes those clauses."

Free With Registration: Domestic Environmental Law
Friday, February 27, 2009
By Christine A. Fazio and Ethan I. Strell

"Christine A. Fazio and Ethan I. Strell, attorneys at Carter Ledyard & Milburn, write that new developments to address water quality are moving forward at both the federal and state level. They examine a new federal regulation that subjects commercial ships to a Clean Water Act general permit, and a proposed long-term sustainability plan to be adopted by New York State to protect New York's shores and water bodies. "

 Outside Counsel

Courts Rule on Class Actions Under CPLR Article 9 in 2008
Friday, February 27, 2009
By Thomas A. Dickerson and Kenneth A. Manning

"Thomas A. Dickerson, an associate justice of the Appellate Division, Second Department, and Kenneth A. Manning, a partner at Phillips Lytle, write that last year, the Court of Appeals ruled on the enforceability of 'microprint' contractual clauses in a point of sale (POS) terminal lease while the Appellate Division, Second Department, ruled on the enforceability of gift card clauses imposing dormancy fees 'in font sizes materially less than that required pursuant to CPLR 4544.' In addition, they note, other Appellate Divisions and numerous trial courts ruled on a variety of class actions in 2008. "

 

Full post as published by New York Supreme Court Criminal Term Library on February 27, 2009 (boomark / email).