Features
Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining
The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers.
Features
Michelin Settles Tire Case
Two months after a federal judge in Atlanta sanctioned Michelin North America with a finding that one of its tires was defective and unreasonably dangerous, the company has settled with an Alabama man.
Features
Practice Tip: Daubert's 'Fit' Requirement
Three circuit courts provide an alternative to thw majority trend and hold that <i>Daubert's</i> "fit" requirement is not satisfied when the disconnect between an expert's data and opinions is too "wide."
The Mensing Preemption
The interplay between the Learned Intermediary Doctrine and the <i>Mensing</i> preemption should bar nearly any claim a plaintiff may assert against a generic manufacturer for failure-to-timely-update ...
Features
Navigating the Tricky Terrain of Remote and Self-Collections
Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of ESI remains a hot topic. Remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Franchise Disputes in Canada: The Case for Mediation and Arbitration
Franchise disputes are a natural fit for ADR in Canada, and more and more franchise disputes are likely to head to ADR in the future.
Features
Franchises Now Focus on Health Care Reform's Practical Effect
Now that the U.S. Supreme Court has given a green light to implementation of the Patient Protection and Affordable Care Act, franchisors and franchisees are assessing how the law will affect their businesses.
Features
Expanding Your Social Network
When used in a conscious and planned manner, social networking sites can offer a number of benefits to the firm as well as individual attorneys and staff.
Features
Competitive Law Firm Leadership
Many firms have recognized the need for strong business, marketing and technology management and have hired well qualified and highly compensated individuals to fill those areas of need. However, the area in which only minimal progress has occurred is in the most crucial area of Law Firm Leadership.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›