The Subprime Mortgage Crisis and D&O Insurance: A New Frontier of Litigation
Whether a D&O policy will afford coverage for the litigation resulting from the collapse of the subprime mortgage lending industry is yet to be seen. As discussed in this article, there are several policy provisions that are likely to be relevant in the subprime context.
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Movers & Shakers
Information about the advancement of lawyers in the patent profession.
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Don't Get Caught With Your Patents Down
Part One of this series discussed the history of licensing and the need to prove infringement. This month's installment addresses patent trolls and the rise of the Asian IP powerhouse.
Searching for BRICS
The worldwide patenting landscape is undergoing slow but inevitable tectonic shifts. During the first half of this century, the oligopoly of the United States, Europe, and Japan as the source of the vast majority of new ideas will be broken with the rise of innovation concentrated in other nations beyond the Trilateral, as the USPTO, EPO, and JPO are known.
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Intellectual Property: Currency of the New Economy
This article considers the way in which the capital markets view IP assets and the means by which IP is emerging as the currency of the new economy.
Five Significant Inter-Generational Relations Blunders
Firms are struggling with generational divides because they make the blunders enumerated in this article.
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It's No Coincidence: The Successful Firms Have Strong Management and Leadership
Nothing is as important to the success of a law firm as strong leadership at the top. Yet, in far too many firms, the partners are still reluctant to give anyone the CEO authority needed for effective management and leadership.
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Advancing Women in Law Firms
This article lays the groundwork for those in power to learn how they can help women lawyers succeed.
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Forfeiture-for-Competition Agreements
Law firms are constrained by professional ethics in how they address the issues of lawyer mobility. Rule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as 'forfeiture-for-competition' agreements.
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Movers & Shakers
News about lawyers and law firms in the franchising industry.
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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 ›
