Features
Navigating the Changing Technological Landscape
In <i>City of Ontario v. Quon</i>, the U.S. Supreme Court held that a government employer's search of an employee's communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the Constitution. The Court's narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive.
Features
Index
An easy-to-follow list of everything contained in this issue.
Features
Drug & Device News
Important information you need to know.
Features
Liability Risks Hamper Clinical Trials
While the current clinical trial scheme in the United States requires sponsors of trials to provide potential participants disclosure as to known possible risks of participating, there is no coherent and dependable scheme in this country for the protection of patients, hospitals and sponsors against the costs posed by clinical trial injury.
Features
Ten Commandments for a Successful Loan Workout
Businesses 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.
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Underground Maintenance Formulas in New York
Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all.
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Ontario, Canada, Court of Appeal Affirms Quiznos and Midas Decisions
Two important decisions of the Ontario Court of Appeal involving class action franchise disputes were released this summer.
Features
The Assault on Traditional Long-Arm Jurisdiction Continues
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
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Court Watch
Highlights of the latest franchising cases from around the country.
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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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
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- 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 ›