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Mon Jul 29, 2013

Posted in Employment Law by Gene Killian | Share

If a tree falls in the forest, and no one is around to hear it, does it make a sound?  The New Jersey Supreme Court recently considered this philosophical question in the context of a retaliation...

Fri Jun 28, 2013

Posted in Corporate Litigation, Employment Law by Gene Killian | Share

A wise person once wrote:  “Some family trees bear an enormous crop of nuts.”  As any lawyer who’s participated in litigation involving a closely-held family business (or,...

Thu Jun 13, 2013

Posted in Corporate Litigation, Negotiation by Gene Killian | Share

I often recommend that lawyers starting out in the profession read Larry Donnithorne’s little gem of a book, “The West Point Way of Leadership.”  Despite its title, it’s...

Thu May 16, 2013

Posted in Commercial Litigation by Gene Killian | Share

Years ago, I handled a wild real estate dispute in which my client leased a building to a recycling company.  Coke syrup leaked out of the cans onto a cement floor and literally ate the cement...

Mon Apr 22, 2013

Posted in Corporate Litigation, Employment Law by Gene Killian | Share

There’s been some talk in the press lately that Dennis Kozlowski, the convicted former CEO of Tyco International, may be granted parole very shortly.  Kozlowski, you may recall, was...

Mon Mar 25, 2013

Posted in Corporate Litigation by Gene Killian | Share

Forbes Magazine has cited the former Chief Executive Officer of Avon, Andrea Jung, as having  one of the worst records of any CEO in 2012.  Among other things, under her stewardship,...

Wed Mar 6, 2013

Posted in Employment Law by Gene Killian | Share

Those who play in the employment law arena are well familiar with the concept of burden-shifting under cases such as McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1972).  Basically, employment...

Tue Feb 12, 2013

Posted in Employment Law by Gene Killian | Share

From the perspective of employment law, pregnancy is a minefield.  Pregnant employees often believe that they are entitled as a matter of law to certain preferences.  Employers, on the other...

Mon Jan 21, 2013

Posted in Commercial Litigation by Gene Killian | Share

“Diamonds are forever,” sang Shirley Bassey.  Does that go for investment advice also?  A New York Court recently considered the question of whether an investment management firm...