Features
Debating Nonlawyer Ownership of Law Firms
Lawyers love a debate, and it looks like a doozy is set concerning nonlawyer ownership of law firms (NLO). The president of the New York State Bar Association, David P. Miranda, has requested that New York lawyers just "Say No to Nonlawyer Ownership (NLO)."
Features
FinTech: The Emerging Financial Crime Compliance Minefield
The proliferation of so-called "FinTech" ' particularly by startups outside the financial sector ' raises a host of thorny FCC issues for regulators and financial institutions required to comply with the Bank Secrecy Act (BSA) and its anti-money laundering (AML) mandates.
Does Adoption of Cloud Computing Shift Cyber Liability Risk?
The rapid adoption of cloud computing has attracted companies that seek to lower their information technology costs. At the same time, it is reported that there has been an increase in data loss and an increase in cyber-liability claims against companies. But the biggest vendors in the cloud computing industry want to push the risk of penetration of their systems onto their customers adopting the technology.
Columns & Departments
IP News
Federal Circuit Affirms District Court Decision Finding Claim Covering Method for Gene Detection Is Directed to Unpatentable Subject Matter <br>Federal Circuit: Estoppel Provision Does Not Apply To Any Grounds Raised in a Petition for IPR Where Such Grounds Are Denied and the IPR Has Proceeded To a Final Written Decision
Features
Do Panama Papers Give Opportunity to Collect Judgment From Daddy Yankee?
Puerto Rican reggaeton megastar Daddy Yankee, whose hits include "Gasolina" and "Limbo," owes a $2.2 million judgment to a concert promoter who sued him and his booking agent in 2011. Attorneys for promoter Diego Hernan de Iraola have been trying to enforce the federal district court judgment against Daddy Yankee, by garnishing the singer's accounts in Miami, FL, and Puerto Rico. Now that Daddy Yankee has come up in news reports from the document leak at the Panamanian law firm Mossack Fonseca, de Iraola's legal team has new leads on accounts with companies linked to Ayala Rodriguez.
Features
Non-Madoff Defendants
A bankruptcy trustee, given the responsibility to liquidate estate assets and distribute the resulting funds to creditors, frequently must pursue causes of action against non-debtors who have liability to the estate. It is not surprising that such competing claims arise frequently in bankruptcy cases involving Ponzi schemes.
Features
The NLRB and the Joint Employer
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. This portends a vast expansion of employer liability on a joint employer theory in almost every area of law imaginable from tort to employment discrimination litigation.
Using Communication Decency Act and Promissory Estoppel to Combat Internet Defamation
Internet defamation is a regular occurrence. While the common law affords e-defamation victims a right to sue both the original speaker of the defamatory statements and the publisher, Internet anonymity of the original speaker and the publisher's use of Section 230 of the CDA often make such litigation difficult. However, the CDA also provides a basis for combating Internet defamation.
Features
Are Insurance Late Notice Provisions Toothless After <i>Arrowood v. King</i>?
This article examines post-2012 Connecticut case law addressing late-notice provisions in various insurance policies and attempts answer the question: Are late-notice provisions now toothless or do they still have some bite?
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MOST POPULAR STORIES
- 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 ›