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Practice Pointers for Working with Expert Witnesses in Bankruptcy Court
This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.
Features
Practice Tip: Spoliation and the 'Bad Faith' Requirement
This article underscores the necessity of understanding the importance of preserving evidence given the jurisdictional differences in spoliation law.
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Navigating the Stream of Commerce in the Wake of Nicastro
What is required to establish the minimum contacts necessary to exert specific personal jurisdiction over a foreign defendant in a forum state?
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Electronic Handheld Devices
There are substantial legal risks associated with requiring employees to carry electronic handheld devices. Here's what employers need to do.
Features
Independent Contractor Classification
The classification of independent contractors is garnering increased attention at both state and federal agencies and courts. This article outlines some general guidelines based on recent state and federal court decisions.
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Business Crimes Hotline
Analysis of two separate decisions of note.
Features
When Taking Proprietary Information Is Not a Crime
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Features
ERISA Class Certification in The Wake of Dukes And Amara
The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.
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Real Property Law
Highlights and analysis of important cases.
Features
Cooperatives & Condominiums
In-depth analysis of major rulings.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
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