Features
How Private Is Facebook Under the SCA?
Despite huge technological advancements in the 25 years since passage of the SCA, and the ever-increasing prominence of electronic communication in our society, Congress has not amended the SCA to keep pace with changing technology. Rather, courts have had to lead the charge in applying the decades-old statute to modern Internet technology and electronic communication disclosure issues.
Features
Employer Accounting for Post-Retiree Health Care
The regulatory frenzy swirling about health care and employer plan accounting, coupled with our aging population and demographic shifts has created a perfect storm. We are besieged with commentary that Medicare is bankrupt, and the new accounting standards for employers require transparency to market and present value calculations of long-term liabilities, which creates havoc for employers for tax-planning and compliance purposes.
Features
The Small Business Jobs and Credit Act of 2010
This article briefly summarizes tax provisions of the Small Business Jobs and Credit Act of 2010 that the author believes will be of most interest to law firms.
Features
In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions
If a tenant fails to specify where installations should be placed, a landlord may install them in a manner that will minimize its costs even if such installations make little sense from an operational point of view. Savvy tenants will not let this happen.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
The Use of 'Use' Clauses in Restaurant Leases
This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Civil Liability of Rating Agencies
The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.
Features
ERISA Deference: No Exceptions
With its 2010 decision of <i>Conkright v. Frommert</i>, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators — this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
