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Defending Spoliation ClaimsEmployment Law StrategistThe duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.
What Rights Does an Abandoning Tenant Have?New York Real Estate Law ReporterBoth commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious — both for landlords and for tenants — than in boom times. What rights does a tenant have in this situation?
Defending the Preference and Fraudulent Transfer Safe HarborThe Bankruptcy StrategistAs shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
Practical Responses to Client Demands for a Fee CutAccounting and Financial Planning for Law FirmsLaw firms have a variety of strategies that can address a client’s need for ostensibly lower fees without putting the firm at a financial disadvantage.
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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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Market Value for Property Tax Purposes in a Recessionary MarketA market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
Squaring Off: The Right of Publicity v. The First AmendmentRecently, two incidents involving one of the world’s most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.
Trademark Dilution: When ‘Minimally Similar’ May Be Similar EnoughIn Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the Second Circuit rejected the district court’s determination that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could suffice to support a claim.
Feds to Corporate America: ‘The Cops Are Coming’On Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
The Battle of the ExpertsWhen complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
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