Features
Tax Ramifications and Costs in Equitable Distribution
The recent Pennsylvnia Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. Here's why.
Features
Key Trends in Franchise Law in 2011
<i>FBLA</i> asked leading franchise attorneys and other experts about key trends in franchise law in 2011. Here are their outlooks and their advice about how to prepare for new developments in franchise law and business.
Features
Serving Alcohol at Company Events
By now, the winter holidays are a dim memory, but there are other events that companies may celebrate. Consequently, it is always helpful to review ways to minimize the risks of serving alcohol at company events.
Features
Non-Authority for Non-Recruitment Covenants Under New York Law
While many employers have written employment contracts with restrictive covenants designed to hinder employees from departing for a competitor, the state and federal courts considering New York law have not uniformly enforced such provisions.
Features
Social Networking
Not only is social networking taking over how we live, work, communicate and "socialize," it is changing how lawyers litigate and practice law.
Features
When Did Intermittent Become a Noun?
While dealing with intermittent leave is one of the most difficult issues that HR staff faces, there are certainly some opportunities for employers to control employee abuse.
Features
The Commercial Real Estate Broker's Lien Act
The commercial real estate broker's lien act is finally a reality in Michigan.
Features
The New BOMA Method for Measuring Office Building Area
The Building Owners and Managers Association (BOMA) recently released a new standard for measuring an office building's rentable area. They are explained herein.
Features
New Law Cracks Down On Deceptive Third-Party e-Commerce Practices
A new layer of federal oversight should help protect consumers and ethical e-commerce companies against misleading and name-tarnishing activities of outlaw e-tailers who have ripped off thousands of U.S. consumers. On Dec. 29, President Obama signed the Restore Online Shoppers' Confidence Act, introduced in the Senate early last year by Sen. John D. Rockefeller IV (D-WV), chair of the Senate Committee on Commerce, Science, and Transportation.
Features
Sea Launch ' A Unique Business and a Unique Reorganization
Sea Launch's international ownership and unique capital structure and business model (utilizing a series of treaties between the United States, Russia and the Ukraine) engendered a unique reorganization process, described herein.
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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 ›