Features
The Supreme Court and Business
Recently, we witnessed the annual ritual of the United States Supreme Court releasing its most monumental decisions in the waning days of its term. The front pages were consumed with new landmarks on, among others, the Second Amendment and the death penalty. The general public and the media rightly gave greater import to these constitutional decisions, but does that mean that American business was ignored by the Justices this year?
Features
When Delaware Companies Are Required to Advance Fees
A recent Delaware Chancery Court case may send Delaware companies scrambling to review their bylaws to determine if they are required to advance fees in more instances than first thought. A review of this and two other pivotal cases.
When Your Witness Is a Former Employee
In an era when employees change jobs frequently, your most important witness is often a former employee. At best, a former employee may be ambivalent toward your company. At worst, he or she may be downright hostile. What should you do?
Features
Prevent Your Tenant Mix from Turning Your Property into a 'REC'
Last month, the author discussed RECs (recognized environmental conditions) in depth. This month, she presents a sample clause regarding a tight tank for a hypothetical Massachusetts hair salon.
Law Firms 'Building a Case' for Automated e-Procurement Solutions
Procure-to-Pay automation technology has finally come of age as a user-friendly, flexible, and cost-effective strategic business solution. It is a solution that can ease pressures from the law firm partnership by decreasing the cost of doing business.
Coast-to-Coast Legal Practice
In today's technology-driven culture, law firms are able to compete for the representation of clients located throughout the country and, as a result, many attorneys have provided legal services to clients located in a state other than the one(s) in which they are licensed. Here's a look at ABA Model Rule 5.5.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
International Arbitration Awards: Recognition and Enforcement
This article discusses the enforcement of foreign arbitration awards rendered outside of the United States, with an emphasis on English law and a recent English Court of Appeal decision upholding an anti-suit injunction that prevented a challenge to a London arbitration award.
In the Spotlight
You are renting a new office or store and are negotiating an allowance for improvements, and planning for the costs you'll incur on fitting out the space. How can you maximize deductions from leasehold improvements and other costs you are likely to incur?
De Facto Holdover
Too often, surrender provisions in today's commercial leases are not adequately coordinated with the landlords' marketing needs, and lack adequate remedies to ensure compliance by tenants at the end of their lease terms. This article discusses the problem.
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- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
