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.
Mandatory Retirement in Law Firms and Other Partnerships
Unlike the bona fide occupational exception to the ADEA, the permissibility of mandatory retirement ages for partners in law firms depends upon the position that partners are not employees for the purposes of federal anti-discrimination law.
'Hot' and 'Cold' Trends
Surviving in the "new normal" requires recognizing both "hot" and "cold" trends. Here is a look at significant trends affecting law firms.
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MOST POPULAR STORIES
- 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'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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
