Reducing Exposure to Attorneys' Fees
Although a prevailing plaintiff is entitled to his/her costs and attorneys' fees, a successful defendant is entitled only to its costs (<i>e.g.</i>, filing fees, court reporter fees, etc.) and not an award of attorneys' fees.
Changing the Rules for Testifying Experts
A discussion of upcoming changes to Rule 26, which not only simplify the expert's role, but potentially benefit the litigants as well.
SLAPPED for Speaking Out?
Anti-SLAPP statutes are designed to level the playing field ' to discourage the plaintiff from filing suit by adding to the arsenal of tools available to the defendants in a civil lawsuit. Here's a look at recent litigation.
Features
Federal Court Authorizes Clawback of Bonuses from CEO Under SOX
In a case of first impression, <i>SEC v. Jenkins</i>, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.
Features
Is What's Past Prologue?
This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.
Features
Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards
On July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.
When Tenants Do The Work, Protect Your Asset
Tenants are demanding larger construction allowances, and added care must be taken when representing landlords in these situations, to ensure that tenants' work is completed lien-free and that construction reimbursements are not paid prematurely.
Cooperative Surety Can Help Salvage a Defaulted Project
This article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.
Features
In the Spotlight: Getting a Lease Signed in 20 Days
What can a landlord do to get that critical lease signed as soon as possible so that a competing landlord or global event does not cause this prospective tenant to reconsider?
Alternative Dispute Resolution As a Problem-Solving Device
Practitioners have observed escalating disillusion of clients with litigation as the primary vehicle for dispute resolution. Here are its advantages.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' RecordingsMajor record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of "willful copyright infringement on an almost unimaginable scale."Read More ›
- Leveraging the Patent Professional for New Venture DevelopmentBusiness-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›