A close look at the standards for determining what documents a lawyer may take upon departing a law firm reveals a startlingly unclear and tangled area of legal ethics and law that should give any careful lawyer real pause.
Over the past three years of tough times, many law firms have put up with "jerks" in their partnership ranks in order to hold on to the portfolios of work controlled by those people. But there are ramifications to this decision ...
This article focuses on employee benefits decisions and the flexibility of your firm with respect to direct hires of non-partner and non-associate attorneys.
Although many firms operate in corporate, LLC or even LLP form in order to protect partners individually from liabilities, their partners may be surprised to learn that they may be personally liable if the firm fails to fulfill its obligations associated with employee compensation and benefits payable by the firm.
The growth of international franchising and distribution requires offers of user-friendly agreements. International dispute resolution clauses often require arbitration of these disputes before a recognized and supervised international arbitration provider.
Unfortunately, on occasion, a franchisee's actions are so egregious that a franchisor decides that it needs to immediately terminate the franchise and declare that the relationship is irrevocably harmed: an incurable default.
New York practitioners representing a prospective retail tenant looking to enter into a new lease for space in an existing shopping center must recommend appropriate diligence prior to the client's entry into the new lease.
With 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.
Insiders (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.
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
This 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.
While 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.
