Innocent Investors in Ponzi Schemes Should be Entitled to Equitable Credit
Investors deceived by a Ponzi scheme typically suffer two blows. First, they learn that they may recover only a fraction of their investment ... and second, they are also likely to be sued in so-called "claw-back" lawsuits.
Features
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Lost Wages Claims for Undocumented Workers in NY
The law on recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision <i>Balbuena v. IDR Realty LLC</i>, New York's Court of Appeal held that such wage claims are generally permissible. However, there were issues raised that are now being addressed in more detail by the courts.
Features
NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
Social Media Policies in the Workplace
It is a long-standing Federal law that employers are not permitted to restrict employees' rights to unionize, bargain collectively and, generally, discuss the terms and conditions of their employment. These rights apply to social media and the Internet in general. So how does an employer craft a policy to navigate through these laws yet accomplish their company goals?
Announcing The Seventh Annual MLF 50
Criteria for entering this year's Seventh Annual MLF 50 ' AND the brand-new Magnificent 25!
Features
Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes
Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?
Responding to a Government Subpoena or RFI
Ordinary approaches to civil discovery are ill-fitting in response to a government agency's efforts to obtain information, and in-house counsel must take extra care.
Hope for the Best, Plan for the Worst
Why is it that M&A often leads to a loss in shareholder value despite exhaustive due diligence (and ever-growing document reviews) and careful negotiation of the acquisition and ancillary documents? Part of the explanation for the failure of M&A transactions to yield expected benefits is poor or non-existent post-acquisition integration planning.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›