Features

WhatsApp, Encryption and the Battle with Law Enforcement
It is widely accepted that much of today's communications are digital — and as a result, the encryption of data, the privacy laws governing that data, and the role that governments play when national security and law enforcement issues are at stake is a very hot topic.
Features

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies
This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
Features

Rules for Investing In NNN Deals
<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.
Features

Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.,</i> the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer.
Features

Criminal Allegations Threaten Merger
Abbott Laboratories' $5.8 billion proposed purchase of Alere, a Massachusetts medical testing company, is in trouble now that multiple criminal allegations have been leveled against Alere.
Features

Mastering the Art of Self-Promotion
Self-promotion makes many people uncomfortable and unsure. However, to really maximize your hard work as a lawyer, you need to let the world know about your successes — and nobody can do it all for you.
Features

Arbitration Denied In Bankruptcy Priority Fight
"[T]he bankruptcy court did not abuse its discretion in denying [the debtor's former employees'] motion to compel arbitration" when the dispute turned on the relative priority of their claims, held the U.S. Court of Appeals for the Second Circuit on Oct. 6, 2016 in <i>In re Lehman Bros. Holdings.</i>
Features

Elite Law Firms Increasingly Suing Clients to Collect Fees
In an era when demand for legal services is softening, the country's largest firms are increasingly going to court and arbitration against their former clients to collect fees in what consultants say is the "new normal."
Columns & Departments
In the Courts
A jury in the Southern District of Texas awarded over $92 million in damages to the United States in a case against mortgage lenders who fraudulently granted and underwrote loans insured by the Federal Housing Authority and then reaped massive payouts when those loans went into default.
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MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›