Features
<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
Features
<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
Features
Case Briefs
Highlights from the latest insurance cases from around the country.
Features
NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees
According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.
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Business Crimes Hotline
Recent rulings of interest to you and your practice.
Features
Calling Witnesses Who Plan to Take the Fifth in Congress
Federal appellate courts have repeatedly made clear that it is not improper for a prosecutor to call and examine a witness in the grand jury knowing that the witness likely will decline to answer the questions based on the privilege against self-incrimination.
Features
Defending NJ Class Actions
Companies defending consumer product class actions in New Jersey have received additional support for fighting these proliferating claims. A Look at <i>Nafar v. Hollywood Tanning Systems, Inc.</i>
Features
Real Property Law
Recent rulings of interest to you and your practice.
Features
Transfer Fee Covenants in New York?
It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?
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MOST POPULAR STORIES
- 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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›