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Dodd-Frank Ushers in New Requirements for Public Companies and Their BoardsThe Corporate CounselorOn July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.
Recent Rulings Highlight Software Licensing Disputese-Commerce Law & StrategyThis article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.
Eminent Domain in ManhattanvilleNew York Real Estate Law ReporterFor the second time in six months, the Court of Appeals has upheld the use of eminent domain to permit large-scale development by a private entity.
Client Speak: Client Feedback — The 12 Essential StepsMarketing the Law FirmThis article — in two parts — will deal with the Client Feedback process, specifically the 12 essential steps involved. This first part lists the 12 steps and then describes steps 1 through 4a (pre-interview planning).
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Secured Transactions: The Transfer of Security InterestsLJN's Equipment Leasing NewsletterThis article discusses the procedures for assigning Article 9 security interests, the issues highlighted in Clark Contracting Services Inc. v. Wells Fargo Equipment Finance, and the reaction to that decision.
Pension Plan Termination Premiums in BankruptcyThe Bankruptcy StrategistIn a case of timely significance, the Second Circuit Court of Appeals has recently ruled that pension plan termination premiums are not "claims" subject to being discharged under a Chapter 11 plan, but rather, must be paid in full upon emergence from bankruptcy.
The Perils of Immunity in the Era of GlobalizationBusiness Crimes BulletinTwenty years ago, a defense attorney might have sighed with relief to hear an Assistant U.S. Attorney (AUSA) say that a client was only a "witness," or would not be prosecuted, or would be immunized in return for truthful cooperation in the government’s investigation. These days, not so fast.
Age Discrimination in EmploymentThe Corporate CounselorAge Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
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The Deepwater Horizon Oil Spill: Potential Insurance Coverage ImplicationsMore than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.
Pricing Management SurveyA comprehensive, worldwide survey of pricing management practices in the legal sector conducted by the author's firm shows that law firms continue to face a significant execution gap in the context of pricing management — meaning they intellectually understand what’s needed to price legal services more effectively, but they struggle in executing this to their advantage.
Ten Commandments for a Successful Loan WorkoutBusinesses of all sizes will find themselves having difficult discussions with their lenders regarding loans in default or which will be maturing and for which the real estate and other collateral provide questionable value as security. This article provides "rules" that should help.
Arbitration Awards: What Is the Standard of Review?In Paul Green School of Rock v. Smith, the Third U.S. Circuit Court of Appeals decided a franchise-related case on Aug. 2 that addressed judicial review of arbitration awards.
Cooperative Surety Can Help Salvage a Defaulted ProjectThis article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.
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