Features
Working with Chinese Clients
The difficulties of litigating against a Chinese defendant often begin at the start of litigation, as compliance with the Hague Service Convention is the exclusive means by which service may be accomplished. The entire process can take a good deal of time.
Columns & Departments
Real Property Law
Right of First RefusalMark Family Realty, LLC v. SankoNYLJ 2/17/16, p. 23, col. 5AppDiv, First Dept.(memorandum opinion)In a dispute among co-tenants,…
Features
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Features
Taking Control of e- Discovery In-House
Today's burdensome data trends require practical new approaches to e-discovery ' combining true-SaaS technology and "Intelligent Discovery" processes gives corporate legal departments greater control, reduces costs, and improves access to data.
Justices Write End to Authors' Challenge of Google Books
The U.S. Supreme Court ended a decade-long battle over Google, Inc.'s massive book-scanning project last month, declining to take up an appeal by authors who claimed the company violated copyright law "on an epic scale."
Features
Millennials Approaching Partnership: Now What?
Since debuting in law firms nearly a decade ago, the latest generation of lawyers has raised more than a few eyebrows.
Features
Virtual Visitation Revisited
Today, with high-speed Internet and Wi-Fi options, many parents and children can use ever-advancing technology that allows them to communicate with each other using "face technologies." Have the courts caught up to this concept?
Lead-Paint Claims in VT and GA
Thirty years after its introduction, the absolute pollution exclusion continues to be the subject of vigorous litigation, recently reaching the supreme courts of Vermont and Georgia.
Features
Seven Ways for Law Firms to Improve Client Service
Question: Do law firms really need to please clients all of the time? Answer: Of course not. Only work to please those clients you wish to keep.
Features
This Very Curious Real Estate Cycle
Every commercial real estate cycle is basically the same ' including that point, somewhere in the mid to end of the cycle, at which people become convinced that this one will be different for some specific reason. And here we are at that point again.
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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 ›