Features
Prepayment Premiums and Make-Whole Payments
To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.
Features
Ubi Sunt, Buck-Out Lease?
Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.
Features
The MAC Clause
This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.
Features
News Briefs
Maryland Franchise Attorneys Discuss Possible Law Changes <br>Maine Franchisees Launch Association
Features
LinkedIn Post Likely Didn't Violate Non-Compete Clause
A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.
Features
Improving e-Discovery in Global Enterprises Through Remote Data Collection
While the document review aspect of the discovery process generally receives the majority of attention because of the expense and time involved, the collection of potentially responsive electronically stored information (ESI) can also represent a major expense and logistical challenge.
Features
Attorney-Client Privilege for In-House Counsel
The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.
Features
Google's Mass Copying of Copyrighted Works Judged 'Fair Use'
Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.
Features
The Five Best Practices for Optimum Web Performance
It's the annual shopping rush ' Black Friday and Cyber Monday are only the beginning of the run up to Christmas. For major online retailers especially, this is make or break time. Is your site ready?
Features
The 'Silly Season'
Almost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton & Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.
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- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.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 ›
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- 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 ›
