Judge tosses law firm Schulte's $38 million COVID-19 rent refund lawsuit
Justice Andrea Masley in her order, opens new tab said Schulte failed to prove that the firm and its landlord, Metropolitan 919 3rd Avenue LLC, intended a rent abatement provision in their 1998 lease in a manner that Schulte argued would cover disruption to the building's use during the pandemic.
The judge held a bench trial in 2023 that she said hinged in part on Schulte and the landlord's intent when originally entering into the lease, and whether an "unavoidable delay" in accessibility alone would trigger the abatement provision or if it would also require a failure by the landlord to provide certain services.
A Schulte spokesperson in a Thursday statement said the firm is disappointed by the decision.
Lawyers for the landlord did not immediately comment.
Other large law firms brought legal actions against their landlords over rent during the pandemic.
Crowell & Moring has turned to former U.S. Solicitor General Donald Verrilli Jr., who is now at Munger, Tolles & Olson, to lead its appeal of a judge's decision last year that said the law firm cannot force its Washington, D.C., landlord to refund $30 million in rent that the firm paid when most of its lawyers worked from home during the pandemic.
Schulte plans to merge with larger firm McDermott Will & Emery next month. The firms have said the combined firm, which will be called McDermott Will & Schulte, will be the ninth largest law firm in New York.
The case is Schulte Roth & Zabel LLP v. Metropolitan 919 3rd Avenue LLC, In Its Individual Capacity And As Successor In Interest To 919 Third Avenue Associates L.P., New York County Supreme Court, No. 655632/2020.
For the plaintiff: Peter Wang of Foley & Lardner
For the defendant: Janice Mac Avoy of Fried Frank
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The Guardian
25 minutes ago
- The Guardian
Hate your job? How to have more fun at work - from ‘thin-slicing' your joy to expressing your personality
Who would say work was fun? Your job might be rewarding (some of the time). You may get on with your colleagues (some of them). But fun? It seems simultaneously too grand an ambition and too small. After the work-centric 'hustle culture' of the 2010s, then the backlash and widespread burnout brought on by the Covid-19 pandemic, the general feeling around work right now could be described as ambivalent at best. At worst, it's openly combative, as evinced by frequent references to the 'battle' over working from home. Managers want employees back in the office; employees want flexibility, and to limit work's impact on their lives. Gen Z, who have replaced millennials as the youthful influence shaping the workforce, are especially adamant that it should not intrude on their boundaries. Meanwhile, AI looms, threatening large-scale unemployment. The world of work is in flux, with a fight for our time and our livelihoods at the centre. Fun doesn't seem to factor into it – but Bree Groff argues that it should. An organisational consultant and 'change expert' at the New York-based company SYPartners, Groff has worked with C-suite leaders – people whose job titles begin with the word 'chief' – at Google, Microsoft, Hilton, Calvin Klein, Pfizer and other big names, to transform their corporate culture and improve their employees' time at work. She has drawn on that experience for her first book, Today Was Fun, which makes the case for a new approach: what if work was neither our only source of meaning, nor a necessary evil to be endured – but a 'nice way to spend our days'? It may sound naive, but Groff's breezy tone belies the wisdom of her point: work should be enjoyable. Too often, it is wildly out of proportion: we either 'live to work', and equate our personal worth with our productivity, our jobs with ourselves; or we're resigned to the fact 'work sucks', and live for the weekend. Neither view is particularly healthy, sustainable or rewarding. Today Was Fun calls for a recalibration, simultaneously raising and reducing our expectations of the space work should take up in our lives. As Groff puts it in the book, 'Work should be a source of joy, because it's fundamentally good – and it should be only one of many joys.' Her own reckoning with work came in January 2022, when her mother was diagnosed with terminal cancer; her father had already been diagnosed with Alzheimer's. An only child, Groff took immediate leave to dedicate herself to their care. When her mother died later that year, it gave Groff a new perspective on how she was spending her time, she says. 'I'm going to run out of Mondays, just like my mother ran out of Mondays … there was this newfound urgency.' At the same time, Groff was alert to the post-pandemic crisis in employee engagement, manifesting in 'the Great Resignation' and 'quiet quitting', or doing the bare minimum. 'I felt like I had something that I could share that would help people,' she says. Groff knew 'for a fact' that work could be fun. She grew up in Chicago, where her mother was a kindergarten teacher and her father was an elementary school principal. Both evidently loved their jobs, without letting them derail their lives or define their identities. It was a shock, when Groff entered the working world herself, to find it weighed down by so much baggage: back-to-back meetings, no time for bathroom or meal breaks, emails at all hours and busy work with no obvious point. The trouble is not so much work itself, Groff says, but all the 'patently ridiculous, if not outright dangerous' trappings and norms that come with it – chief among them the expectation that it may come at the expense of sleep, relationships or wellbeing. We get paid to create value, not to suffer, Groff points out. 'At its most essential, work is showing off our skills, creating something other people appreciate, working with others, figuring out challenges. If that's all fun, then how can we save that part?' One way, she suggests, is by tackling 'professionalism'. It's usually prescriptive, allowing for only one version of leadership or success, and discourages people from showing up at work as rounded human beings. 'You just sort of have to play along, like you're in some sort of performance,' Groff says. She appears on Zoom today with her hair still wet from the shower. In the book, she describes this as one of her small but routine displays of resistance to professional dress codes – which, she argues, are representative of an approach to work that's unnecessarily dreary, rigid and even infantilising. 'You're just as smart in your workout gear as you would be in a blouse,' Groff says, when I confess to wearing leggings off-camera. But, since the post-pandemic reckoning, there is a widespread feeling of fatalism that prevents us from aspiring to make work better. 'We've normalised this idea that work is just drudgery and we do it because we have to,' says Groff. It may reflect an overcorrection to hustle culture, born of the Silicon Valley startup boom. Tech founders and influencer-entrepreneurs taught a generation that you could achieve anything if you just leaned in and embraced the 'grindset'. With company perks such as free meals, bottomless snacks and even office ball pits, it didn't even have to be a sacrifice – work could be fun. Groff rejects that version as being more of a bribe. 'Companies want employees to have fun so they overwork and devote their lives to the business,' she says. 'You start to think: 'Wait, was that a free lunch just so that I don't leave the building?'' Even learning and development, often framed as a benefit, could be seen as cultivating people to be company assets, Groff says. With Apple, Meta, Google and other big companies even footing the bill for employees to freeze their eggs, 'you start to enter this dystopia … The more we intertwine ourselves with our employers, the harder it is to feel a sense of independence, and the harder it is to leave.' Indeed, since burnout became a mainstream concern, there is greater awareness that over-investment in work as a source of happiness, identity or meaning leaves people open to being exploited. The fact is, Groff continues, C-suite executives have a greater stake in the success of their businesses, as is reflected in their paychecks. They shouldn't expect the rest of the workforce to feel equally motivated to go above and beyond. 'It's so obvious for leaders to tout that message that 'we're changing the world', but it puts any employee in the position of asking themselves, 'Wait, do I want to change the world, or do I want to go home and cook dinner?'' The tussle over hybrid and remote working is causing trust to break down on both sides, Groff says, encouraging surveillance from management and presenteeism – showing up to work while unwell and being less productive – from employees. Lack of flexibility is also widely cited as a factor in plummeting levels of employee engagement. Gallup's recent State of the Global Workplace report found that just one in 10 UK workers felt engaged, one of the lowest rates globally. In the US, it was nearly one in three – still a 10-year low. Perhaps, Groff suggests, if work was more fun, there wouldn't be the same power play over where people do their work; they may even be eager to come into the office. Fun has repeatedly been shown to be a factor in the difference between thriving and just surviving at work. Gallup's survey of German adults found that 81% of engaged workers reported having fun at work in the past week, compared with only 10% of those who were disengaged. 'Being miserable at work can even make your life worse than having no work at all,' researchers concluded. There is a 'massive' business case for making work more fun – but that's not why we should prioritise it, Groff says. In Today Was Fun, she likens it to rest: good for productivity, 'but far more important is that [it] is good for enjoying your life'. Fun is a good metric because it's hard to force, or fake. Instead of trying to lure workers back to the office with free lunches, employers could consider what it feels like to spend time there, says Groff. 'Are people – especially the leaders – relaxed and happy and joking? Is it a fun place to be, or is everybody just in meeting rooms in their button-downs all day?' Though Groff's focus is primarily on office workers, everyone's experience of work could be improved by making it more fun, she argues. 'Maybe you work at the steel mill, but there's got to be a break room somewhere.' Even surgeons sometimes joke around. In Today Was Fun, Groff uses the example of Peter Attia, a Stanford-educated surgeon who went through a period of playing clips from the cult film Napoleon Dynamite while performing various transplants. 'For an entire month … we never stopped laughing at this thing,' Attia said on his podcast, adding that, if anything, it seemed to improve patients' outcomes. While it's unrealistic to expect work to be all fun, all the time, believing that 'most work, most days, should be fun' can give us a helpful steer. 'Did I have fun today?' can be an unexpectedly clarifying question. 'Think of what needs to be in place first. If you're stressed and sleep-deprived, you're probably not having fun,' Groff says. Of course, Groff acknowledges, sometimes a job is just a job, especially during an economic downturn. But even small tweaks to your role can make a difference to your day-to-day experience. 'Usually, with a little bit of planning, you can make some sort of shift. I think it's still possible for us to say, 'What are the kinds of days I want to have?'' Life is too short to spend five days out of every seven willing time to pass. Our ability to have fun could even prove our competitive edge against AI. Robots, after all, can't have fun – so they can take on all the boring, repetitive or soul-sucking bits, Groff suggests, and we can find an approach to work that prioritises joy, relationships and wellbeing. 'I don't need to feel like I'm changing the world, and I don't want to feel crappy about it – but is there a way to have a good day, improve somebody else's life, maybe make a friend? Maybe that's plenty.' As we say our goodbyes, Groff with her hair still wet and my cat joining me on camera, we both agree: today was fun. Make it more personalMuch of what's considered 'professional' isn't actually necessary to do your job. Groff suggests doing what you can to personalise or humanise your experience. You could kit out your desk with mementoes from home or holiday, stationery that puts your stamp on your work or fidget toys that help you focus. You could express your individuality through 'dopamine dressing', wearing clothes that bring you joy. Simply avoiding the use of jargon goes a long way. Check in with your colleaguesOur experience of work is largely shaped by our immediate colleagues. Groff suggests leaders can foster team spirit and cohesion by holding a daily check-in, where everyone shares how they are feeling on a scale of one to five – as demonstrated by a show of fingers. 'It's nice to care about how each other is doing,' she says. Share your 'user manuals'Everyone likes to work in different ways. Asking your colleagues about their individual styles and preferences, and communicating your own, may alleviate the friction that prevents work from being fun and help build deeper relationships. Groff suggests team members ask each other how they respond to stress, and how their colleagues can help them, and discuss the skills they'd be eager to share or learn. You could even put together individual 'user manuals'. 'Thin-slice' your joyDuring hard times, in or out of work, it's still possible to have a good day, hour, or even minute – what Groff calls 'thin-slicing' joy. Treat yourself to a coffee before a tough meeting, go for a walk at lunchtime and take note of the blooms or greenery, or schedule a call with a colleague to vent. Even just cracking a joke can lighten the load and ease a tough day. Go where the fun isIf, despite your best efforts, your workplace remains stubbornly un-fun, Groff suggests it may be time to move on. 'You don't need a fancy, well-reasoned argument for leaving a role … Every day you spend in a role that isn't working for you is one of your precious and finite days on this planet.' Today Was Fun: A Book About Work (Seriously) by Bree Groff is published by Page Two Books, Inc (£19.99) Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here.
Geeky Gadgets
an hour ago
- Geeky Gadgets
GPT-5 Pro : The $200 AI Tool That's Smarter Than You Think
What if the future of innovation wasn't just faster or smarter, but fundamentally redefined? Enter GPT-5 Pro, the latest leap in artificial intelligence that doesn't just assist, it thinks, reasons, and solves like never before. Imagine a tool capable of automating complex coding, crafting hyper-intelligent AI agents, and integrating seamlessly into your workflows, all while boasting an IQ comparable to Mensa-level intelligence. It's not just a technological upgrade; it's a paradigm shift. Yet, with its $200 monthly price tag, this new tool raises a provocative question: Is the future of AI reserved for the few who can afford it, or will it become a shared resource for all? David Ondrej explore how GPT-5 Pro is reshaping industries and empowering professionals to achieve what was once thought impossible. From automating tedious tasks to unlocking new entrepreneurial opportunities, this AI powerhouse offers tools that could transform how we work and innovate. But it's not without its challenges, its high cost and potential to widen the digital divide demand attention. Whether you're a developer eyeing its coding prowess or a business leader seeking to streamline operations, GPT-5 Pro offers a glimpse into the future of AI-driven transformation. The question is: How will you harness it? GPT-5 Pro Overview Key Features and Distinctive Capabilities GPT-5 Pro stands out due to its ability to process multiple reasoning chains simultaneously, allowing it to solve complex problems with remarkable efficiency. With an IQ score comparable to Mensa-level intelligence (148), the model excels in logic-based tasks, coding automation, and decision-making. These features make it a powerful resource for professionals seeking to streamline workflows or develop innovative solutions. Some of its standout features include: Automating coding tasks: GPT-5 Pro can write, debug, and optimize code, significantly reducing development time. GPT-5 Pro can write, debug, and optimize code, significantly reducing development time. Creating AI voice agents: Using Retrieval-Augmented Generation (RAG), it enables the development of highly responsive and context-aware AI agents. Using Retrieval-Augmented Generation (RAG), it enables the development of highly responsive and context-aware AI agents. Seamless integration: The model integrates effortlessly with tools like OpenAI's real-time API and GitHub, enhancing application development efficiency. For example, developers can use GPT-5 Pro to build sophisticated applications with minimal effort, while businesses can automate repetitive processes, saving both time and resources. Its adaptability ensures that it meets the diverse needs of professionals across various industries. Applications Across Industries The versatility of GPT-5 Pro makes it a fantastic tool across multiple sectors, particularly in business automation, project development, and entrepreneurial ventures. Entrepreneurs can use its capabilities to launch AI-driven businesses, automate routine tasks, and optimize operational workflows. Freelancers, on the other hand, can tap into high-value opportunities, such as creating AI-powered solutions that command premium fees on platforms like Upwork. Additionally, GPT-5 Pro's iterative problem-solving approach allows users to refine their projects over time, addressing challenges as they emerge. This feature is particularly beneficial for scaling businesses, allowing them to generate substantial revenue while minimizing operational complexities. Its ability to adapt and improve ensures that it remains a valuable asset for long-term growth and innovation. GPT-5 Pro Review : Is a $200 AI Tool Worth the Investment? Watch this video on YouTube. Learn more about OpenAI's GPT-5 with the help of our in-depth articles and helpful guides. Challenges of Accessibility Despite its advanced capabilities, GPT-5 Pro's high subscription cost, currently set at $200 per month, poses a significant barrier to entry for many users. This pricing model risks creating a 'pay-to-play' environment, where only those with substantial financial resources can access the most sophisticated AI tools. Such disparities could exacerbate existing inequalities, limiting opportunities for smaller businesses and independent developers to compete in an increasingly AI-driven economy. Addressing these accessibility challenges is essential to making sure that the benefits of AI are distributed more equitably. Without deliberate efforts to make advanced AI tools like GPT-5 Pro more affordable and accessible, the technology's potential to drive widespread innovation may remain unrealized. Strategies for Maximizing GPT-5 Pro's Potential To fully harness the capabilities of GPT-5 Pro, a structured and strategic approach to implementation is crucial. Consider the following strategies to optimize its use: Master prompt engineering: Craft precise and well-structured prompts to communicate effectively with the model and achieve accurate, relevant results. Craft precise and well-structured prompts to communicate effectively with the model and achieve accurate, relevant results. Use integration tools: Use platforms like OpenAI's API and GitHub to seamlessly incorporate GPT-5 Pro into your workflows and applications. Use platforms like OpenAI's API and GitHub to seamlessly incorporate GPT-5 Pro into your workflows and applications. Enhance outputs with RAG: Use Retrieval-Augmented Generation to improve the relevance and accuracy of the model's responses, particularly for specialized tasks. Use Retrieval-Augmented Generation to improve the relevance and accuracy of the model's responses, particularly for specialized tasks. Adopt iterative problem-solving: Continuously refine your projects by addressing challenges and incorporating feedback, making sure long-term success and adaptability. By employing these techniques, you can unlock the full potential of GPT-5 Pro, allowing you to achieve your objectives efficiently while staying ahead in a competitive landscape. Future Implications and Considerations As artificial intelligence continues to evolve, tools like GPT-5 Pro are poised to play an increasingly central role in shaping industries and driving innovation. Early adoption of such technologies can provide a significant competitive advantage, allowing businesses and professionals to stay ahead in a rapidly changing market. Developing strong problem-solving skills and integrating AI into core business strategies will be essential for long-term success. However, the growing reliance on advanced AI also highlights the need for a more inclusive ecosystem. Efforts to address accessibility challenges will be critical to making sure that the benefits of AI are shared broadly, fostering innovation across diverse sectors and communities. Policymakers, developers, and organizations must collaborate to create frameworks that promote equitable access to AI technologies, allowing a more dynamic and inclusive future. GPT-5 Pro represents a remarkable step forward in artificial intelligence, offering capabilities that have the potential to transform industries and redefine professional workflows. By adopting effective implementation strategies and advocating for greater accessibility, you can use this powerful tool to drive innovation, achieve your goals, and contribute to a more equitable and technologically advanced world. Media Credit: David Ondrej Filed Under: AI, Top News Latest Geeky Gadgets Deals Disclosure: Some of our articles include affiliate links. If you buy something through one of these links, Geeky Gadgets may earn an affiliate commission. Learn about our Disclosure Policy.
The Independent
an hour ago
- The Independent
US state claims TikTok uses addictive algorithms to target children
Minnesota has become the latest US state to launch legal action against TikTok, alleging the social media giant preys on young people with 'addictive algorithms' that trap them into compulsive consumption of its short videos. The lawsuit, filed in state court, accuses TikTok of violating Minnesota laws against deceptive trade practices and consumer fraud. Minnesota Attorney General Keith Ellison stated: "This isn't about free speech. I'm sure they're gonna holler that. It's actually about deception, manipulation, misrepresentation. 'This is about a company knowing the dangers, and the dangerous effects of its product, but making and taking no steps to mitigate those harms or inform users of the risks." This legal challenge follows a flurry of lawsuits filed by more than a dozen states last year, alleging the popular short-form video app is designed to be addictive for children and harms their mental health. With Minnesota 's case, the total number of states pursuing action against TikTok now stands at approximately 24, according to Mr Ellison's office. Many of these earlier lawsuits stemmed from a nationwide investigation into TikTok, launched in 2022 by a bipartisan coalition of attorneys general from 14 states, focusing on the app's effects on young users' mental health. Mr Ellison, a Democrat, explained that Minnesota waited to file its complaint while conducting its own investigation. Sean Padden, a middle-school health teacher in the Roseville Area school district, joined Ellison, saying he has witnessed a correlation between increased TikTok use and an 'irrefutable spike in student mental health issues,' including depression, anxiety, anger, lowered self-esteem and a decrease in attention spans as they seek out the quick gratification that its short videos offer. The lawsuit comes while President Donald Trump is still trying to broker a deal to bring the social media platform, which is owned by China 's ByteDance, under American ownership over concerns about the data security of its 170 million American users. While Trump campaigned on banning TikTok, he also gained more than 15 million followers on the platform since he started sharing videos on it. No matter who ultimately owns TikTok, Ellison said, it must comply with the law. TikTok disputed Minnesota's allegations. 'This lawsuit is based on misleading and inaccurate claims that fail to recognise the robust safety measures TikTok has voluntarily implemented to support the well-being of our community," company spokesperson Nathaniel Brown said in a statement. "Teen accounts on TikTok come with 50+ features and settings designed to help young people safely express themselves, discover and learn. "Through our Family Pairing tool, parents can view or customise 20+ content and privacy settings, including screen time, content filters, and our time away feature to pause a teen's access to our app,' Brown added. Minnesota is seeking a declaration that TikTok's practices are deceptive, unfair or unconscionable under state law, a permanent injunction against those practices, and up to $25,000 for each instance in which a Minnesota child has accessed TikTok. Ellison wouldn't put a total on that but said, 'it's a lot.' He estimated that 'hundreds of thousands of Minnesota kids' have TikTok on their devices. 'We're not trying to shut them down, but we are insisting that they clean up their act,' Ellison said. 'There are legitimate uses of products like TikTok. But like all things, they have to be used properly and safely.' Minnesota is also among dozens of US states that have sued Meta Platforms for allegedly building features into Instagram and Facebook that addict people. The messaging service Snapchat and the gaming platform Roblox are also facing lawsuits by some other states alleging harm to kids.
