Features

Surviving the Retail Shift
<b><I>Landlords' Duty to Mitigate Damages.</b></i><p><i><b>Part Two of a Five-Part Series</I></b><p>In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?
Features

The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.
Features

<b><I>Marketing Tech:</I></b> Five Digital Marketing Trends That Affect You
Today's digital marketing is happening on mobile devices. Viewing law firm marketing through this mobile lens makes decisions easier concerning SEO, content marketing, social media, podcasting, webinars, email outreach, blogging, video and downloadable content.
Features

No Harassment, But Retaliation Claim Survives
Just as the adage is that "the coverup is worse than the crime," we know that in employment law, "the retaliation claim is more dangerous than the underlying discrimination." The latest example of this is in the recent decision of <I>Austin v. Bloomin' Brands, Inc.</I>.
Columns & Departments
Development
A look at a case in which, in a developer's article 78 proceeding challenging the town's denial of its application to rezone property, the town moved to dismiss.
Features

Update: The China Equipment Leasing Market
<b><I>Reaching an Inflection Point</I></b><p>As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.
Features

Exit Interviews and Your Firm's Culture
Through the process of conducting exit interviews with the good attorneys who have left, along with those the firm has asked to leave, you can gather intel about your firm's culture. The business justification for doing exit interviews is to learn about and improve systematic organizational or interpersonal issues that may be adversely impacting your firm.
Columns & Departments
Verdicts
In-depth analysis of two key rulings.
Columns & Departments
Case Notes
A look at a situation in which, because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <I>Gunn</I> test for federal-question jurisdiction, the case was remanded back to state court.
Features

NY's Paid Family Leave Program
<b><I>Part One of a Two-Part Article</I></b><p>Effective Jan. 1, 2018, New York State will have its own "Paid Family Leave Benefits Law." Since the payroll deductions supporting the Law began July 1, 2017, it is not too early to begin reviewing your employer obligations.
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- 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 ›
- 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 ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›