Features
More Bad News for Structured Finance?
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
Features
New York Strengthens Wage Laws
In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.
Features
Competing Definitions of 'Mass Layoffs' Under the WARN Act
The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.
I COULD LEARN A LOT FROM YOU <i>What Can Product Marketers Teach Us?</i>
It's been suggested by several readers that our orientation toward professional services marketing, as opposed to product marketing, is a prejudice. Admittedly, it's at least a bias against a pervasive academic view that the techniques of marketing a product apply equally to marketing a professional service. And indeed, the most successful professional services marketers tend to look to other professional services firms for answers and the best ideas, as well as for validation of their own ideas and processes. Still, it would be foolish to automatically preclude any idea that's been forged in a marketplace of ideas. In a rational world, we take ideas from any reasonable place, accept the good ones, and eliminate the ones that are bad or not applicable. That means that are things to be learned by professional services marketers from the Toyotas and Microsofts and Dells of the world.
Features
Med Mal News
The latest happenings in the med mal arena.
Features
Four Common Medical Malpractice Defense Myths
In adjusting medical malpractice losses, insurers, attorneys and claim professionals encounter recurring opinions on and challenges to effective claims-handling. Here are four common medical malpractice claim fallacies, and the reasons why they wilt under close scrutiny.
Features
Creating Stakeholder Value in Corporate Social Responsibility Programs
Many law firms are adopting corporate social responsibility (CSR) programs as a means to gaining a competitive advantage over other firms. They are developing and utilizing these programs to promote and advertise yet another dynamic of their organization.
Features
The Federal Arbitration Act
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
Features
<i>adidas v. Payless</i>
After almost seven years since inception, the lawsuit by adidas against Payless ShoeSource, Inc. ended at the trial level with a jury verdict against Payless in the amount of $305 million. Payless was found guilty of willful federal trademark and trade dress infringement, trademark and trade dress dilution, and state-law unfair and deceptive trade practices as a result of its sale of footwear bearing confusingly similar imitations of adidas's famous Three-Stripe Mark and Superstar Trade Dress.
Features
News Briefs
The latest news from the franchising world.
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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 ›