Columns & Departments
Med Mal News
In-depth analysis of two key verdicts.
Features
Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this author has pointed out, there is at least one prominent federal judge who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases.
The Annual State of the Firm Report
As the year draws to an end, many of the more enlightened law firm managing partners and members of the executive committee assess the results of the current year and begin to develop plans for the coming year.
Features
Arbitration: Rethinking the Pitfalls
Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.
Features
State, Federal Law Differ on Franchisors As Joint Employers
It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
Border Disputes
In insurance law, if there is a border as long-established as the one between the U.S. and Canada, it is the border between the two types of coverage provided by liability policies: defense coverage and indemnity coverage. But even along this well-established border, disputes have recently begun to develop.
Leasing and Finance Industry Economic Outlook
The Equipment Leasing & Finance Foundation's Q4 update to its 2015 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow 4.1% in 2015, which is down from the 5% growth forecast in its Q3 Update to the 2015 Annual Outlook released in July.
Features
My New BFF Is a Smart VDR
Review of SmartRoom, a secure virtual data room)that was first conceived to securely host due diligence documents for an expedited Chapter 11 asset sale of multiple properties with multiple potential bidders.
Features
SEC Potentially Targets CCOs for Cybersecurity Lapses
Two recent speeches by Securities and Exchange Commission (SEC) officials likely got the attention of every Chief Compliance Officer (CCO). CCOs would be well advised to carefully review and implement where appropriate the SEC's latest cybersecurity guidance.
Features
Fifth Circuit Jettisons <i>Pro-Snax</i> 'Material Benefit' Standard for Bankruptcy Professional Compensation
The Fifth Circuit recently issued a ruling that changes compensation for professional services in bankruptcy: In <I>Pro-Snax</I>, the court had ruled that, to be compensable under section 330, services must result in "an identifiable, tangible, and material benefit to the bankruptcy estate." Now that has changes.
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