Cooperatives & Condominiums
A look at a co-op shareholder's action for a judgment that the co-operative corporation and its board breached obligations under the proprietary lease by unreasonably withholding consent to alterations.
Justice Scalia's Approach to Textualism in White-Collar Law
Textualism" in statutory interpretation ' generally speaking, a focus on the objective meaning of statutory language in context ' has now become an essential feature of this pattern.
Features
Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
This article is a follow-up to the author's September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in <i>Hawkins v. Community Bank of Raymore.</i>
Columns & Departments
Drug & Device News
Discussion of several key news items that affect med mal practitioners.
Features
Child-Support Judgments Beyond U.S. Borders
The whole purpose behind the Uniform Interstate Family Support Act (UIFSA), adopted, for example, as Article 5-b of the New York Family Court Act (FCA), is to make the process uniform, cheap and easy to register and enforce support judgments from different states. But what about a cross-border award?
Features
Cyber Security Challenges and Potential Uninsured Exposures
This article provides a broad overview of cyber security challenges, and the insurance coverage (or lack thereof) for the financial impact of those cyber security challenges.
Features
<b><i>Voice of the Client:</i></b> Getting to Wow!
The old-school term is Client Satisfaction. It's been replaced with Client Delight, which is defined as beyond satisfaction. No matter what you call it, best-in-class client service is where it's at ' and where it will be going for some years to come.
Features
Measure to Manage: Understanding and Using Data to Affect Firm Change and Client Relationships
Organized and meaningful data has been leveraged in progressive organizations for years, but now that data and information is highly accessible and easily consumable via the ever-expanding digital mesh, enterprise-level expectations and related legal business impact have been elevated. With this new reality come many questions.
Features
Survey: Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance
Obviously, data breaches aren't trust builders, but many companies are skeptical even of those parties with whom they share confidential data, including their own vendors.
Features
Litigators' Perspectives on Prince
The legendary and now deceased Prince ' singer, songwriter, producer and man of myriad other talents ' kept a bevy of high-profile lawyers busy during the past three decades. Prince developed a somewhat complicated relationship with the Internet, and fought to protect his brand and music against unauthorized use. And for that he needed lawyers, lots of them.
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- 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 ›
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›