Features
Bankruptcy Litigation Update: Determining Adequate Capital
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
Features
The Equal Pay Act
This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.
Features
<b><I>Voice of the Client:</I></b> Client Feedback and Recent GC Panel Insight
Given the level of focus placed on client teams, industry teams, and client feedback by our law firm clients over the past 18 months, it would appear that firms are not only seeking out the voice of the client, but they are listening and taking action.
Features
Motivating Attorneys to Accomplish Firm Objectives
The two major challenges now facing lawyer management in many of these mid-size firms are: 1) how to motivate the non-entrepreneurial attorneys to achieve and to perform; and 2) how to retain the "over-achiever" attorneys so they will remain with the firm.
Columns & Departments
In the Courts
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
Features
Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
Features
<b><i>Legal Tech</b></i><br> Taking e-Discovery to the Cloud Is the Smart Security Solution
The cloud might seem like “someone else's servers,” but major vendors are sensitive to the business need for security, availability and confidentiality. With sensitive, high-value data like that, cloud providers are keenly aware they need to get security right.
Features
Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
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