Columns & Departments
Med Mal News
Discussion of the latest news of interest to you and your practice.
Electronic Discovery: A Level Playing Field?
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
<b><i>Sales Speak:</i></b> Grip, Grin ' And Grow
If you want to grow your practice, it is time to stop hiding behind your LinkedIn page and website profile and stride boldly into the field where real, live clients and referrals sources dwell. It is time to look someone in the eye and shake their hand.
Features
Executive Coaching Drives Future Leadership Success
Executive coaching has finally made contact with Big Law, big time. This paradigm shift has happened because research now proves there is a return on investment realized by organizations that invest in professionally developing human capital .
Features
What Do Law Firms Need to Know About Cloud Cybersecurity?
Here's the premise: The cloud is a fundamental technology solution option that truly solves all kinds of law firm business and legal IT challenges including innovation, security, governance, global availability, etc. Modern law firms want the efficiency, the security and the global access of the cloud, while satisfying the security demands of their clients.
The Rise of Paid Sick Leave Mandates at the State and Local Level and Their Effect on Employers
To help employers understand what they are facing when it comes to paid sick leave laws, this article outlines how most of the paid sick leave provisions operate, addresses some common compliance pitfalls, and provides advice on compliance and future planning for all employers.
Exit Strategies: Think Like a Start-up
One of the first questions a sophisticated investor considers when making a commitment to a start-up company is: How will I get out? If you don't believe me, just watch an episode of Shark Tank .
Case Notes
Discussion of a case in which the plaintiff alleged he was injured, while working as a baker, by a machine sold by the defendant distributor.
When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability
Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously, and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity, each document creates its own set of obligations as between a different set of contracting parties.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›