Features
Contract Litigation
From construction contracts, to supply contracts, to equipment leases, franchisors and franchisees might face the problem of litigating numerous legal disputes simultaneously. This, of course, can be devastating for a business, whether big or small. So what can you do to avoid these pitfalls?
Features
Can We Resolve Franchise Disputes Faster, Cheaper and Better?
Franchisors and franchisees need faster, cheaper, and better ways to resolve disputes. Planned early negotiation processes and early active intervention clauses can help parties and lawyers achieve these goals.
Features
Pay-for-Delay May Require a New Prescription
Part One of this series discussed common IP settlement terms that may give rise to antitrust liability and how the analysis of whether a settlement agreement violates the antitrust laws depends upon many factors that are specific to the underlying facts. This second installment addresses recent challenges by the government and private plaintiffs to settlements between brand name and generic drug manufacturers, and how these challenges have further refined the antitrust framework for analyzing patent litigation settlement agreements in the pharmaceutical industry.
Features
The 'Hot News' Doctrine in the Digital Age
Last year, the Southern District of New York reignited the 90-year-old hot news doctrine and applied it in the Internet context. Since that decision, a number of entities have attempted to use the hot news doctrine to prevent the unauthorized use of time-sensitive content, including most recently, financial firms and media outlets attempting to prevent news-oriented Web sites from publishing their well-researched content.
Features
Government Overpayment
It is not fraud when the government mistakenly overpays businesses who participate in government programs or otherwise receive federal funds. But a false statement made to retain an overpayment is a "reverse false claim" in violation of the False Claims Act (FCA).
Features
The Computer Fraud and Abuse Act
Aggressive federal prosecutors may have a new weapon in their arsenals to prosecute even low-level employee thefts of confidential employer information.
Features
<b><i>BREAKING NEWS:</i></b> High Court Sides With Ex-Enron CEO Skilling
The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.
Features
Bad Law on Double Dipping
In last month's newsletter, we looked at the case of <i>Rodriguez v. Rodriguez</i>, in which the Appellate Division, Second Department, correctly found Supreme Court had erred by distributing the value of a service business and awarding spousal support from the income stream from that business, amounting to impermissible "double dipping." A month later, a different panel of the Second Department came to the opposite conclusion, throwing the issue into confusion.
Features
Closely Held Corporate Shares Require a Discount
In divorce, it is sometimes necessary to value shares of a closely held corporation. But there are stocks in privately held companies throughout New York whose shares are not traded on the NYSE or NASDAQ. These companies often have only a handful of shareholders, many of whom are family members or close friends.
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