Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Commercial Law

Features

E-mails and Privilege for In-House Counsel Image

E-mails and Privilege for In-House Counsel

Todd Presnell

Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.

Features

Another Look at Rule 10b5-1 Trading Plans Image

Another Look at Rule 10b5-1 Trading Plans

Aegis J. Frumento & Stephanie Korenman

By establishing a prearranged plan to trade their companies' stock in compliance with SEC Rule 10b5-1, corporate executives avail themselves of the only formally codified affirmative defense against a charge of insider trading. However, statistical evidence demonstrating that executives in trading plans outperform their peers by 6% to 10% have twice brought trading plans under academic and journalistic scrutiny.

Features

With Virtual Currency, Does Virtually Anything Go? Image

With Virtual Currency, Does Virtually Anything Go?

Laura Grossfield Birger

In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Nashville Federal Court Finds Plausible Copyright Infringement Claim over "Remind Me" Phrase<br>Puerto Rico District Court Rules There Were Implied Licenses for Music Festival Artworks, But Were the Licenses Irrevocable?<br>Songwriting Income and Record Production Activity Don't Support Long-Arm Jurisdiction

Features

A Dangerous Undertaking Image

A Dangerous Undertaking

Rachel S. Faulkner

Oliver Wendell Holmes once wrote that "it would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations." If Holmes didn't think he could do it, which of us thinks we're up to the task? Nonetheless, this was just the challenge taken up by Judge Block of the U.S. District Court for the Eastern District of New York in <i>Cohen v. G&amp;M Realty L.P.</i>

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2014. It also looks at four recent decisions of interest from the Delaware courts.

Features

Supreme Court Leaves NY Online Sales Tax Law In Place Image

Supreme Court Leaves NY Online Sales Tax Law In Place

Tony Mauro

December 2 was an extraordinary day for Amazon.com Inc., the mammoth online retailer: Cyber Monday sales reached new heights, its fanciful plan to use drones to make deliveries was creating buzz ' and then the U.S. Supreme Court spoiled it all by turning down Amazon's challenge to online sales taxes.

Features

Prepayment Premiums and Make-Whole Payments Image

Prepayment Premiums and Make-Whole Payments

Joel H. Levitin

To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.

Features

Ubi Sunt, Buck-Out Lease? Image

Ubi Sunt, Buck-Out Lease?

Barry Marks

Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.

Features

The MAC Clause Image

The MAC Clause

Anthony L. Lamm & Stephen Levin

This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
    Read More ›
  • Law Firms and the Rise of Hospitality
    The law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
    Read More ›
  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
    Read More ›