Features
Whither Weingarten?
The current NLRB is beginning to issue rules and decisions more favorable to organized labor, and its field offices are issuing complaints expanding the rights of non-union workers. A look at <i>Weingarten</i> rights, and what they mean.
Features
Employee's Inability to Work Overtime Is Not a Per Se Disability
The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Secured Lender Invokes Seldom-Used Tool to Protect Collateral in Bankruptcy
In a Chapter 11 bankruptcy process,the question becomes: Who will take the loss on their balance sheet ' the lender or the borrower? An analysis of recent litigation.
Features
Public Corruption Prosecutions in New York
This article focuses on the example of New York State and the prosecution of public corruption offenses under that state's law. A case in point is the recent prosecution of former New York State comptroller Alan Hevesi, in which then Attorney General Andrew Cuomo effectively used a statute other than bribery to prosecute public corruption.
Features
Decisions of Interest
Analysis of a recent important ruling.
Features
Divorce Granted After Trial Proves Irretrievable Breakdown
In what was apparently the first trial of a contested no-fault divorce under New York's recently enacted Domestic Relations Law, Suffolk County Acting Supreme Court Judge James F. Quinn declared a 56-year marriage irretrievably broken and granted the plaintiff wife's request for divorce.
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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 ›
- 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 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›