Expert Witness Evaluation
Almost any legal professional who has researched an expert knows that such information is available through commercial vendors or via a search of the "open Web." This article offers some insights ' some strategic tips ' on what to do with that information once you have it.
Features
WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW
The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.
Common Mistakes That Encourage Employees to Seek Legal Advice
Here is a list of the most common, yet avoidable, mistakes that can leave a company's current and former employees disillusioned and cause them to seek out outside legal advice.
Selling to an LLC?
Late last fall, the Delaware Court of Chancery dismissed creditors' derivative claims brought against the board of directors of a failed and insolvent limited liability company. The Delaware Supreme Court agreed and affirmed the decision.
Features
Taking Advantage of Changing Patent Landscapes
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.
Lost Profits Calculations Can Be a Minefield for Practitioners
Lost profits calculations can be a very tricky proposition and are not to be entered into lightly. In the context of commercial leasing, as in any other context, the party alleging the loss has to prove certain elements.
After a Lease Is Signed: Avoid These Eight Common Mistakes
Those attorneys who fail to realize that a lease can have a profound impact on a business owner's day-to-day operations may be in for a rude awakening. This article discusses eight common mistakes tenants can make after they execute a lease.
In the Spotlight: Maximizing Cash Flow Through the Use of Kiosks and Carts
The leasing of common-area kiosks and carts is a good way to create more revenue-generating areas of the landlord's shopping center without incurring excessive cost and without sacrificing the synergistic mix and quality of the center.
Features
Rethinking Boilerplate
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
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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 ›