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Commercial Law

  • The aggregate value of private equity acquisitions worldwide in 2006 exceeded $660 billion. If this number seems mind-boggling, consider that this record-breaking volume of transactions appears well on the way to being eclipsed in 2007. Even with corporate financing for leveraged buyouts harder to come by as a consequence of the sub-prime mortgage fallout, there is, by some estimates, $300 billion sitting globally in private-equity funds.

    August 29, 2007Brad B. Erens and Mark G. Douglas
  • Recording Agreements/Forum-Selection Clause; Royalty Claims/Letter of Inducement; TV Music Scores/Synchhornization Royalties.

    August 28, 2007ALM Staff | Law Journal Newsletters |
  • This past year has seen a flurry of activity under Executive Order 11246 ('EO 11246'), the law that governs the administration of affirmative action programs of employers that have certain government contracts or subcontracts. In the wake of these new changes, this article offers suggestions of best practices relating to one of the most noteworthy developments for EO 11246 compliance: the 'Internet Applicant' rule, which became effective on Feb. 6, 2006.

    August 28, 2007Sherrard Lee Hayes and Shafeeqa Giarratani
  • The Uniformed Services Employment and Reemployment Rights Act ('USERRA' or the 'Act') tends to be the employment-related statute most frequently placed on the back burner. Of course, this quickly changes when an employee seeks its protection or privileges. When that happens, managers and human resource professionals are often caught behind the eight ball trying to navigate requirements and entitlements of the law.

    August 28, 2007Mark Blondman and Brooke Iley
  • The author believes that the best e-discovery-review best practices should be characterized as the application of real-life lessons. He believes they are not complicated, and that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.

    August 28, 2007Allen L. Gurney
  • e-Commerce and tech firms face constant threats to secrecy and challenges unheard of by their real-world predecessors. Today, for example, businesses that work with data about individuals, whether that data is a record of credit-card transactions or is housed in more complex medical databases, must comply with complex burdens to maintain the confidentiality of the people to whom the data pertains. As the many recent headlines about privacy breaches reveal, protecting against the risk ' and cost ' of worldwide criminals' vigilance to gain instant access to that data must be as much a part of any e-commerce firm's business plan as its marketing strategy.

    August 28, 2007Stanley P. Jaskiewicz
  • Attorney General Alberto Gonzales ' the nation's troubled top law enforcement officer ' ended speculation Monday and resigned after a months-long standoff with the Democratic-controlled Congress over his candor on several major issues, most notably the handling of the firing of at least eight U.S. attorneys.

    August 27, 2007Tony Mauro, Pedro Ruz Gutierrez and Carrie Levine
  • In a recent decision, Cummings Properties, Inc. v. Aspeon Solutions, Inc., et al. (Lawyers Weekly No. 13-019-07), the Massachusetts District Court/Boston Municipal Court Appellate Division affirmed the District Court judge's findings at trial that a defendant could not be held personally liable on a guaranty contained in a commercial real estate lease that the defendant quickly signed in two places before rushing off to the airport to make a flight. This decision was affirmed by the appellate division based on the defense of fraud in the factum.

    July 31, 2007Lewis J. Cohn
  • We recently were privileged to attend the annual meeting of the American Association of Law Librarians (AALL) in New Orleans. This was a fantastic chance for us to meet our readers, talk about Law Journal Newsletters and about our parent company ALM, and in general, 'meet and greet.' One thing that truly surprised me'so it stuck in my mind'was how many conference attendees were not aware that we have 23 newsletters that report on virtually every'

    July 31, 2007ALM Staff | Law Journal Newsletters |
  • In the past few years, more requests for modification of a child support obligations, either upward or downward, have been denied than granted. With regard to the cases in which an upward modification was denied, the courts have been reluctant to find that the party seeking to modify the child support obligation has established that any claimed change in circumstances was unanticipated or that the children's needs were not being met.

    July 31, 2007Marcy L. Wachtel and Suzanne L. Stolz