When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
- November 30, 2014Matthew Churchill and Allain Andry
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In Wyndham Worldwide, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
November 30, 2014Craig R. Tractenberg and Keri McWilliamsThe United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
November 30, 2014Mark A. McDermott and Christine A. OkikeCalifornia Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
November 30, 2014Charles G. Miller, Darryl A. HartIs there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.
November 30, 2014Stanley S. Arkin and Lisa C. SolbakkenTo remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.
November 30, 2014Anthony L. LammIn recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
November 30, 2014Scott M. GiordanoIn recent years, as client fee pressure has increased and client loyalty has decreased, law firms are investing significant time and money in business development programs. Some partners receive training to dust off selling skills that were largely unnecessary during a time of plenty. Other partners receive training, then individualized coaching, then more training, then more coaching, in an often-futile attempt to turn everyone into a capable rainmaker.
November 30, 2014Timothy B. CorcoranPresident Obama, saying he is fulfilling a promise he made during his 2008 presidential campaign, stepped onto the "net neutrality" battlefield on Nov. 10 by releasing a statement (complete with video) calling on theFCC to adopt rules that prevent Internet service providers from charging more for faster online access and that "protect net neutrality."
November 30, 2014Steven SalkinComplaint States Direct Infringement Claim Against Fan Websites Operator
Direct Seller WWE Wins Ex Parte Order for Stopping Merchandise CounterfeitersNovember 30, 2014Stan Soocher

