Commercial Law

  • The Best Way to Resolve Real Estate and Construction Disputes

    For parties to real estate transactions and those involved in construction projects, alternative dispute resolution methods, including binding arbitration and non-binding mediation, offer proven and successful alternatives to an often inefficient and expensive court system. As this article illustrates, alternative dispute resolution requires utilizing trained, experienced, and cost-conscious mediators or arbitrators who are much better at resolving real estate disputes than are the inefficient and often ineffective courts.

    February 27, 2008Paul M. Lurie and Stanley Sklar

  • Courageous Leadership

    A 1999 Notre Dame study stated that 'lawyers suffer from depression, anxiety, hostility, paranoia, social alienation and isolation, obsessive-compulsiveness, and interpersonal sensitivity at alarming rates.' Lawyers topped the list (of 104 professions studied), suffering from (major depression disorders) at a rate 3.6 times higher than non-lawyers who shared their key socio-demographic traits. How can we change this?

    February 26, 2008David H. Freeman

  • News Briefs

    Highlights of the latest franchising news from around the country.

    February 26, 2008ALM Staff | Law Journal Newsletters |

  • Op Ed

    Editor-in-Chief Elizabeth Anne "Betiayn" Tursi poses a provocative and important question in this thought-provoking editorial.

    February 26, 2008Elizabeth Anne "Betiayn" Tursi

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    February 26, 2008Cynthia M. Klaus

  • The Latest on 'No Match' Letters

    Part One of this article described the background, key provisions and legal challenges to the 'No-Match' regulations. The conclusion herein offers strategies for employers.

    February 26, 2008John D. Shyer and Phillip J. Perry

  • The Microsoft Decision

    Microsoft's recent decision not to appeal the landmark ruling of the European Court of First Instance (CFI) regarding anti-competitive practices provides an opportunity for reflection and analysis. An assessment of the Microsoft saga for technology and other IP-rich businesses depends upon a clear understanding of what the European Commission and the CFI decided and, perhaps even more importantly, what they did not decide.

    February 26, 2008Martin Baker and Michael Dietrich

  • The Stoneridge Decision

    On Jan. 15, 2008, the U.S. Supreme Court handed down its decision in Stoneridge Investment Partners v. Scientific Atlanta, the case that has been called 'the most important securities law case to reach the Court this decade' and 'the securities lawyer's Roe v. Wade.' While the case had both domestic and international corporations concerned about its potential to dramatically expand the scope of 10b-5 claims in order to target third parties doing business with public companies that concern can now be laid to rest.

    February 26, 2008Sarah L. Reid and Damaris M. Diaz

  • Special Committees and Protecting Privilege

    How can a board discharge its fiduciary duties without waiving otherwise applicable privileges to the investigation and opening the door to discovery of investigation related materials by the government or by third party litigation adversaries? An analysis of recent rulings.

    February 26, 2008Thaddeus J. Malik, David M. Greenwald and Mercedes M. Davis

  • Cleaning up After Debtor/Tenants

    The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.

    February 26, 2008Adam J. Rosen and John C. Wright