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Commercial Law

  • The objective in giving feedback is to enhance performance by supplying information to guide the individual toward the level and quality of work that is expected. This article contains seven steps to effective and useful feedback sessions.

    April 30, 2007Sharon Meit Abrahams
  • Section 326 of the USA PATRIOT Act requires financial institutions to implement a written Customer Identification Program (CIP) that is appropriate for the size and type of business and that includes minimum requirements. The CIP is intended to enable the institution to form a reasonable belief that it knows the true identify of each customer. The CIP must include account opening procedures that specify the identifying information to be obtained from each customer. It must also include reasonable and practical risk based procedures for verifying each customer's identity.

    April 30, 2007Michael Zeldin, Michael Shepard and Piero Molinario
  • In-depth analysis of the latest rulings.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • Who's doing what in the bankruptcy world.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • As bankruptcy practitioners awaited the enactment and effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ('BAPCPA'), the multitude of speaking panels, journals, and cocktail conversations offering their speculative commentary on the anticipated effects of the amendments to Title 11 paid increased attention to the proposed amendments' effects on the remedies afforded to creditors under ' 303 of the Bankruptcy Code ' namely the involuntary bankruptcy petition.

    April 27, 2007ALM Staff | Law Journal Newsletters |
  • Aside from the many important and critical issues involving children and family, the valuation of a closely held business or professional practice may be one of the most significant issues a practitioner will face when resolving the financial aspects of matrimonial matters. In that regard, one of the most important aspects that the valuator is confronted with is the establishment of a reasonable level of replacement compensation to assign to the owner in the valuation of an ownership interest.

    April 27, 2007Johanne M. Floser
  • In employment class actions in federal court, such as class actions under Title VII for which Federal Rule of Civil Procedure 23 provides the governing procedure, the most critical juncture in the case is often the plaintiffs' motion for class certification. That motion requires the court to evaluate whether the plaintiffs have met the Rule 23 requirements and may proceed as a class; denial of the motion generally deals a devastating blow to plaintiffs' claims. In a new ruling that employers can use to support their bids to defeat plaintiffs' motions for class certification under Rule 23, the Second Circuit recently clarified ' and strengthened ' the standard under which district courts should determine plaintiffs' satisfaction of Rule 23's requirements.

    April 27, 2007Victoria Woodlin Chavey
  • Highlights of the latest franchising cases from around the country.

    April 27, 2007Christopher M. Hanes
  • While franchise lawyers, both domestically and in foreign jurisdictions, tend to focus their primary attention on matters of importance that are specific to franchise relationships, most are keenly aware that franchising is essentially just a form of distribution. Therefore, laws and regulations of broader impact can often be of critical importance. While distribution systems may often escape the applicability of franchise laws, franchise relationships nevertheless often have to deal with those affecting distribution generally.

    April 27, 2007William P. Johnson
  • Information you need to know.

    April 27, 2007ALM Staff | Law Journal Newsletters |