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Latest Features

ICE at the Workplace: A Toolkit for Employers Image

ICE at the Workplace: A Toolkit for Employers

Marjorie Peerce & R. Stephen Stigall & Schuyler La Barge

Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees and you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.

The Curious Persistence of the Six-Factor Trade Secret Test Image

The Curious Persistence of the Six-Factor Trade Secret Test

Richard Rothman

This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.

The Importance of Change Management In Law Firms: Winning Lawyers' Support for Behavioral Change Image

The Importance of Change Management In Law Firms: Winning Lawyers' Support for Behavioral Change

Mike Mellor

Law firms, based on precedent, steeped in tradition, and historically resistant to disruption, often struggle with change management. Yet, in today’s rapidly evolving legal landscape, adapting to new technologies, processes and client expectations is no longer optional — it’s essential for survival.

How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground Image

How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground

Robert J. Braverman

A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.

MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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  • The Anti-Assignment Override Provisions
    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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