Features
An Overview of Elevator and Escalator Liability
This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State.
Features
In the Spotlight: Landlord's Waiver or Subordination to Tenant's Lender's Security Interest
This article asks the question: waive or subordinate? An in-depth discussion.
Features
The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases
To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.
Features
What Corporate Counsel Need to Know About Managing Deposition Costs
This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.
Features
Equitable Subordination Attacks on Secured Lenders
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
Features
Leasing Wind Power Facilities: A New Reality
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
The ABA Consumer Protection Conference
On Feb. 3 the American Bar Association held its Consumer Protection Law Conference, sponsored by the Section of Antitrust Law. Why should franchise systems' ears prick up? For starters, savvy franchisors should understand the larger consumer protection context in which their principal federal regulator operates — especially when most of the top decision-makers show up.
Features
Hotel Franchises Face Rising Bed Bugs Claims
For lodging industry franchises, bed bugs are a business challenge and a potential source of litigation.
A ROLL OF NICKLES AND A PHONE BOOTH
From major corporations, and both small and large public relations firms, comes a stream of so-called releases and other material that's so inept, and so primitive, that you must ultimately realize that those who do it right must have a vast array of skills, talents and imaginative energy. It must be difficult, because how could it be simple when so many people do it wrong? And of course, the client pays the high price of doing it wrong.
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MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
