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Attention, public companies: While your proxy statement is likely your most read disclosure document, its readership is spotty. Your retail owners and employees likely focus on some of the compensation information, but little else. Here's how to fix the problem.
Features
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.
Entertainment companies be forewarned: Unlike standard civil litigation, a single bankruptcy proceeding can often include multiple seemingly unrelated adjudications that, in hindsight, have a much greater subsequent impact than an unsuspecting litigant might expect.
The ability to create, share, and misappropriate content ' all in an instant ' on social media has radically increased the number of unwitting copyright owners and infringers. Those who publish their musings, photographs, videos via Twitter, Facebook, Instagram or YouTube, for example, do not necessarily know that their content may be protected by copyright law. By the same token, those who make use of others' content typically give little thought to whether their actions constitute copyright infringement.
With 80% of the buildings that will be here in 2030 already in existence, what should you be looking for when you sign a long-term lease?
Features
Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.
A sexual harassment suit filed against Fox News Network chairman and CEO Roger Ailes by former anchor Gretchen Carlson is influenced by varying climates in New Jersey and New York when it comes to arbitration agreements.
Columns & Departments
Cases involving a non-paying restaurant tenant and statutory theft.
Features
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."
Features
Over the past two years I have been involved in three merger situations and I am currently working on two more. I have come away with six factors that, I believe, determine the success or failure of law firm merger discussions.