Features
Real Estate Downturn Causes Lawyers to Adapt
Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.
Features
Counseling Franchises During the Recession
These are extremely trying times for all businesses, including franchisors, seeking to survive through this recession. It is imperative that franchisors demonstrate leadership in preserving their franchise systems, but fault lines undoubtedly will emerge. In this environment, much pressure will fall on the shoulders of franchisor's counsel to guide clients to achieve their goals.
Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>
Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.
Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>
Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.
<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense
The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Features
<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense
The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Features
The Follow-the-Fortunes Doctrine
This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?
Features
The Insurer's Duty and the Four Corners Rule
An insurer has a duty to defend a claim that is arguably within the policy's coverage. While some courts look solely to the complaint to determine the existence of a duty to defend, other courts consider extrinsic facts. This article discusses the parameters of the duty to defend, and identifies the evidence to be considered in analyzing that duty.
Features
State of California v. Continental Insurance Company
In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called "no stacking rule" and affirmed the trial court in its "all sums" liability allocation.
Features
Who Needs Patents?
The Patent Reform Act of 2007 may soon be recycled as The Patent Reform Act of 2009 and reintroduced in the new Congress. Should this reform become the law, it is likely that inventors will still invent. The author's fear, however, is that without strong patent law, investors will no longer want to invest in unprotected ideas.
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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
