Features
Collective Bargaining Aftermath
A discussion of the aftermath of the recent decision, <i>In re Northwest Airlines Corp.</i>, 483 F.3d 160 (2d Cir. 2007), in which the United States Court of Appeals for the Second Circuit held that a federal court may enjoin a strike by employees covered under the Railway Labor Act (the 'RLA') following rejection of their collective bargaining agreement.
Features
CA's Flavor of Implied Warranty Leaves a Sour Taste
A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.
Features
Who Cares About Japan?
In the first article in this series, we established that the Japanese government has taken a keen interest in rebuilding its regulatory foundation to help strengthen the country's intellectual property rights ('IPR'). The second installment explored the evolving strategies Japanese corporations have and are beginning to employ to leverage their intellectual capital. This final installment focuses on Japan's leading role in developing and enforcing international IPR, specifically within Asia.
Features
Think It's Found Money? Better Do It Right When Raising Investment Capital
Finders can provide valuable services on behalf of a company seeking funding since they may have access to investors that would not otherwise be known to the company. This article sets forth recommended provisions for a Finder's Fee Agreement.
Features
Climate Change: D&O Issues for Policyholders
Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.
Features
Changes to State Civil Rights Statutes: The Continued Increase of Employment Liability Risks
This article reviews recent changes to Maryland's Fair Employment Act and addresses the interaction between various discrimination laws and the issues that most employers need to consider.
Features
Real Estate Minority Interest Discounts in Divorce Cases
Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.
Features
The Failure of Peer Review
In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.
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