Features
<b><i>Professional Development:</i></b> Trust: Addressing The Issue In Business Development Training
If your Professional Development program does not include a component focused on the importance of trust and isn't engaged with firm leadership on how best to overcome the two most prevalent types of trust in a professional services firm, that may be the reason why the firm's client team program isn't as successful as everyone would like it to be.
Features
Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts
This article briefly explores a few instances where an ADR clause should be strongly considered. Although the article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S.
Lessons from the $148M Fraud by Dole's GC and CEO
The Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit.
Features
Off-Label Promotion, State-Level Injury Lawsuits and Preemption
Recently, the Tenth Circuit found that federal law preempts injury and negligence claims, brought under state law, even if the claims arise out of potential off-label promotion by the device manufacturer.
Columns & Departments
In the Courts
Analysis of a recent ruling in which the United States District Court for the Eastern 'District of New York issued an opinion in support of the sentencing of Ion Catalin Vrancea, who was convicted on multiple counts in 'November 2013.
Seasonal Retail Leasing
Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting. Here is a list of some common areas of concern and questions for you to check at least once, if not twice.
Features
Suit Sheds Light on e-Commerce Fraud
A New Jersey online ad agency claims in a suit filed in federal court in Newark that it was defrauded by artificially generated Web traffic on a company's website, an issue e-commerce attorneys said is "extremely prevalent," but rarely litigated.
<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider.
Features
Field-Based Intelligence
Has acceptance of technology-assisted review (TAR) finally turned a corner and earned broad acceptance in the legal community? Some recent comments by the influential and technology-savvy Magistrate Judge Andrew Peck would seem to indicate that TAR has moved beyond the controversial stage and entered into the mainstream of e-discovery practice.
Features
Crazy for Fair Use
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›