Features
Where Are All the Law Students Going?
How odd that at a time when unemployment in law firms is at a peak, and uncertainty about jobs for recent graduates is rife, enrollment at law schools is reported to be rising.
Features
Motivating Attorneys to Accomplish Firm Objectives
The two major challenges now facing lawyer management in many of these mid-sized firms are motivating the non-entrepreneurial attorneys to achieve and to perform, and retaining the "over-achiever" attorneys so they will not leave the firm.
Economic Analysis in ERISA Litigation over Fiduciary Duties
Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
Features
Job Discrimination Against Muslims
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
Features
The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions
This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
Features
When Office Tenants Go Dark
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.
Features
Insurance Coverage for Damage to Tenant Improvements
Multiple factors are often involved in the analysis and determination of ownership interests and insurance obligations for tenant improvements and betterments, furniture, fixtures and equipment, and other "personal property" within leased premises. Here's why it matters.
Features
In the Spotlight: Unique Retail Considerations of Branch Bank Leasing
When representing bank tenants, simply following established retail principles, even zealously on some issues, is not enough. There are certain banking-specific concerns, even pitfalls, about which bank counsel must be aware.
Features
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
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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 ›