Features
The New Mandatory Self-Disclosure Rule in New Hampshire's Family Division
The new Family Division Rule 1.25-A (Rule) will bring significant changes to the practice of family law in New Hampshire. It requires parties to produce financial information shortly after the commencement of a family court proceeding, without waiting for discovery requests to be propounded.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
The decision in <i>ATT Mobility v. Concepcion</i> was announced on April 27, just a few days before a panel of three franchise attorneys presented an update on arbitration trends at the 44th Annual International Franchise Association Legal Symposium.
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NASAA Proposes Four Exemptions for State Registrations
The North American Securities Administrators Association ("NASAA") has proposed four exemptions to state registration and disclosure requirements, representing a welcome effort to standardize exemptions at the state level.
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Job Discrimination Against Muslims
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
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When Office Tenants Go Dark
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.
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Insurance Coverage for Damage to Tenant Improvements
Multiple factors are often involved in the analysis and determination of ownership interests and insurance obligations for tenant improvements and betterments, furniture, fixtures and equipment, and other "personal property" within leased premises. Here's why it matters.
Features
In the Spotlight: Unique Retail Considerations of Branch Bank Leasing
When representing bank tenants, simply following established retail principles, even zealously on some issues, is not enough. There are certain banking-specific concerns, even pitfalls, about which bank counsel must be aware.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›