Columns & Departments
Case Notes
In-depth analysis of two major rulings.
Features
For-Profit Colleges
The author opines that If Chapter 11 were available to post-secondary schools, rehabilitation for those schools whose problems are balance-sheet issues but not academic or management, would be possible. The result, among others, would be to preserve the institution, the value of credits earned by students and the value of degrees confirmed to alumni.
Safe Harbor European Court Data Protection Ruling
On Oct. 6 of this year, the European Court of Justice (ECJ) gave a very important judgment about EU data protection law in the so-called Schrems case, where it ruled that the EU Safe Harbor regime is invalid and that EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S.
Features
Heightened Cybersecurity Concerns Impact IP Strategies
Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators have pressed for greater cybersecurity efforts ' with the FTC's authority in this area being recently upheld by the Third Circuit.
Columns & Departments
<b><i>At the Intersection:</i></b> Five Critical Questions Every Client Should Ask Law Firms About Budgets
Although dramatic changes in law's economic landscape have conferred far greater bargaining leverage and purchasing power on clients, in budget discussions with outside law firms, many in-house counsel just aren't asking the right questions.
Cooperatives & Condominiums
Discussion of a case in which the purchasers' attempt to retract repudiation of their sale contract was ruled ineffective; a look at case in which a co-op corporation requested a warrant of eviction.
Features
How to Show a Partner the Door
The practice of law is a business. Typically, partners in a law practice are responsible for keeping the firm afloat through bringing in business. Because partners are expected to bring in money for their firms, making partner in a law firm is no longer the lifetime guaranteed 'employment it once was.
What Is the Cost of Marketing Complacency?
Regardless of the present economic conditions, your lawyers' practices (and by extension, your law firm) will grow and contract in relation to predictable economic cycles. While your lawyers' workloads may be overwhelming today, if not properly attended to, you could find the client list growing shorter and shorter, until, eventually, it is nonexistent.
Columns & Departments
Landlord & Tenant
In-depth analysis of several pivotal rulings.
Features
Billing Scrutiny Creates Tension
Legal bill scrutiny in its many forms ' internally by legal departments, by nonlawyer staff elsewhere in the company, by third-party auditors, or via e-billing software ' has the potential to affect how and when law firms get paid, but the practical effect is up for debate.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›