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Features
In-depth analysis of recent rulings.
Features
Everything contained in this issue, in an easy-to-read format.
Features
The bench and bar are well acquainted with the principles of <i>stare decisis</i> and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
Features
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
Features
Last month, we reviewed what a partner scorecard is and why keeping score is important. This month we review how to tailor a scorecard to your individual firm's goals.
Features
Money. Every firm has it. But unfortunately, some people want to take what doesn't belong to them, and they may seek out ways to target your firm's cash. The elements of motive, opportunity and rationalization are present in nearly every scheme. Eliminating or mitigating any of these factors will make it more difficult for a fraudster to target your firm. In a tightening economy, it is more crucial than ever that you remain diligent about protecting assets. The identification, implementation and testing of internal controls over cash receipts and disbursements is a critical step, because even small dollar amounts taken over months or years can add up and entangle your firm in a costly situation.
Features
The latest news of importance to you and your practice.
Features
In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship.
Features
This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.
Features
Policyholder counsel have heralded the recent New York Court of Appeals' decisions in <i>Bi-Economy</i> and <i>Panasia</i> as victories for insureds due to the court's recognition, in certain circumstances, of claims for consequential damages beyond the limits of an insurance policy. However, a close reading of the majority opinions in these cases demonstrates that the Court of Appeals has taken only a tentative step in the direction of allowing claims under New York law for damages beyond policy limits. Based on the analytical construct used by the court to address the policyholders' claims in these cases, insurers have several avenues to challenge the application of these holdings to future cases and may ultimately limit these decisions to the specific facts under which they were decided.