DOL Places Further Limits on Fluctuating Workweek Method of Payment
The fluctuating workweek and employer options.
Ethical Dilemmas Presented by Social Media and e-Discovery
A growing number of sanctions cases are forcing corporate counsel to become experts in this emerging area of technology that is not only changing workplace norms, but also the way they litigate.
FCPA Investigation Costs ' Are You Covered?
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products. These products, however, should be reviewed carefully ...
Shareholder Proxy Access: An Idea Whose Time Has Not Yet Come
Reform of the proxy solicitation process is one of the "hot-button" issues. This article reviews the developments surrounding proxy access over the last decade, and explains where we are today.
Retail Marketing in the Common Areas of an Enclosed Regional Mall
This article addresses issues that should be addressed by the landlord and the tenant during their lease negotiation, in order to avoid unwanted circumstances at the shopping center.
The Renaissance Franchise Lawyer
Franchise law might be symbolized by the proverbial red-headed stepchild: There is something that seems different about it, but nobody is exactly sure what that difference is.
In the Spotlight: Confronting the Vagaries of 'Fair Market Rent'
While in its essence a straightforward concept, fair market rent is rife with legal and economic hazards, and parties to a lease are wise to take caution in arriving at an agreed method of calculation.
Features
Healthcare Leasing Pitfalls for the Non-Healthcare Attorney
Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.
Purchasers' Ability to Preserve Tax Attributes in Context of ' 363 Sales
This article addresses a growing trend in bankruptcy sales whereby purchasers decline to effectuate an asset purchase under Bankruptcy Code ' 363, and instead, acquire the debtor's stock by sponsoring a reorganization plan designed to preserve valuable tax attributes.
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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 ›