Features
Associate Salary Stratification More Likely In 'Buyer's Market'
Since Cravath, Swaine & Moore upped the ante on associate salaries this Spring, others in the big law community have responded gradually, some going all-in and others devising region-specific pay scales. In the current market, industry watchers say, the salary game has changed, and most firms will need to take the more thoughtful approach.
Features
Firms Increasingly Making Partners Pay to Leave
As law firms look to protect themselves from cash walking out the door in a low-demand market, they are increasingly looking at methods to discourage lateral departures and, perhaps more importantly, are enforcing those methods more frequently.
Columns & Departments
In the Courts
Discussion of a case in which the Supreme Court vacated the conviction of ex-Virginia Governor Bob McDonnell.
EFF Challenges DMCA's Anti-Circumvention Provision
The Electronic Frontier Foundation and Wilson Sonsini Goodrich & Rosati have teamed up to challenge provisions in U.S. copyright law that threaten harsh penalties for breaking "digital locks" guarding content such as music and software code.
Features
Recent Guidance Regarding Deduction of Fines
Internal Revenue Code ' 162 provides: "No deduction shall be allowed under subsection (a) for any fine or similar penalty paid to a government for the violation of any law." The controversies that continue to arise under ' 162(f) are illustrated by two memoranda released within the past few months.
Features
The Adjudication of Affordability
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Columns & Departments
<b><i>Legal Tech:</b></i> Modernizing Litigation Practice: What Can the U.S. Learn from Electronic Courtrooms and Paperless Trials Abroad?
Legal professionals interested in the next wave of innovation in litigation technology can look overseas to the developments over the last several years in the UK and Singapore.
Features
Investing in New Technologies
Until recently, corporate legal departments often had more leeway in complying with corporate operational and budgetary expectations than other departments. Now, however, companies are expecting legal departments to more accurately predict the quality, timing and cost for their services.
Companies Slow to Respond to New Accounting Standards
A recent survey by audit, tax and advisory firm KPMG LLP indicates that nearly 80% of public companies have not completed an assessment of the impacts of the new revenue recognition standard issued by the Financial Accounting Standards Board (FASB).
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- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›