Features
Non-Compete Cases: Does Anyone Really Win?
Many articles have been written about the enforcement of non-compete agreements in franchise cases. The "textbook" law is clear, and we address that law in this article. However, the message that we in the franchise bar have been sending our clients about the law may not be so clear: Nobody really "wins" these cases ' except the lawyers who take them to court.
Features
Releases from Canadian Midas Franchisees Found Unenforceable
A recent decision from the Ontario Superior Court of Justice in <i>405341 Ontario Limited v. Midas Canada Inc.</i>, calls into question the some common practices of franchisors in Canada.
e-Discovery Software Connects the Dots for Case Processing at Fenwick & West
To stay competitive in the rapidly evolving legal industry, more and more firms are turning to technology to dramatically cut costs and time associated with traditionally human tasks. Couple the need for better, more efficient technology with the recession, and the need for law firms to implement e-discovery software platforms for more efficient business becomes crucial.
How Haynes and Boone Automated Its e-Discovery Processes
With recent economic issues, growing complexity of electronic discovery and continuing incline of data volumes, project management has become an indispensable tool. Terms like "workflow" or "stakeholders" are being spoken by litigation support professionals who are utilizing project management principals as a long sought solution to tame the electronic discovery "monster."
Features
IT Strategies to Make Firms More Efficient and Competitive
IT had never really been viewed as a profit center, only as necessary overhead. In the many years that IT has been fulfilling that role, we've seen an explosion of software and hardware choices to meet all of our daily needs. Now, you name the need and chances are good that there is an application out there to meet that need. With this comes a lot of investment: research, trial periods for testing, hardware, software, added personnel, training and consultants to name just a few.
Are You Holding What I Think You Are Holding?
While legal departments establish hold policies and procedures, IT managers must support and streamline the implementation of the hold process. This article discusses some considerations for litigation hold teams.
NJ Divorce Client Must Pay Fees Despite Pending Malpractice Suit Against Firm
A family court order requiring a divorce litigant to pay the law firm Budd Larner $50,000 in legal fees, even though he had a malpractice case pending against the firm, has been upheld on appeal.
'Rodriguez' Offers Common-Sense Revisiting of Double Dipping
After a few years of confusion, New York's Appellate Division, Second Department has brought some sanity back to the relationship between asset distribution and spousal support.
Features
Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.
Cybercrime Poses New Risks in Commercial Banking
This article discusses the handling of electronic fund transfers under the Uniform Commercial Code, online banking customer authentication methods, and recent litigation between banks and small and medium-sized businesses that were victims of cybertheft.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
