Features
And on the 46th Day, Who Wins?
This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
Features
What Your Terms and Conditions Tell Your Customers
What businessperson hasn't complained about how lawyers ruin deals? The simple handshake and bar-napkin agreement too often turns into hundreds of pages of fine print, with hourly billing to match. Yet neither party really knows whether it all actually states the deal as each understood it over handshakes. Sometimes the fallout begins because the contracts are unintelligible to the layman ' not good. Other times, the lawyer may have taken far longer than the deal allowed to write a contract, or simply blew the budget ' also not good. Whatever the cause, these problems lead many businesspeople to wonder whether their lawyers are for them, or against them.
Features
Ethical Issues of the 21st Century
Why and how a "confidential e-mail" might not be so confidential--and what can ensue when it leaks.
Features
To Catch an e-Criminal
Someone is stealing electronic data from you ' right now. A person your firm or company has trusted for years is doing things that are making you suspect he or she is stealing. You don't know how or with whom, but you know something is wrong. What do you do? Where do you turn? How do you find out for sure?
Features
New York's Post-Marital Compensation
Last month, the author discussed the controversial proposal to replace New York's current maintenance scheme with "Post-Marital Income Guidelines." What follows is a critique of the proposed legislation, based in large measure on a report of the Legislative Committee of the Family Law Section of the New York State Bar Association.
Features
Prevent Your Tenant Mix from Turning Your Property into a 'REC'
An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process.
Features
Economic Abuse: A Form of Abuse That Needs More Scrutiny
Domestic violence is now recognized to be coercive control, whether that control is exercised by physical violence, psychological abuse, or some other type of coercive act. Herein is the conclusion of this discussion.
Features
Human Research Studies and Medical Malpractice Liability
The authors relate an experience in a case involving a not affirmative experimental treatment, but a human research study regarding modes of diagnosis.
Features
Prescribing the Right Amount of Pain Medications
Pain is the most common cause of long-term disability, and it is the leading reason patients seek medical attention. But physicians seeking to manage their patients' pain with narcotics must be mindful of both the potential liability involved and the potential for scrutiny by their medical boards.
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- 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 ›
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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 ›
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- 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 ›