Features
Drafting a DST Master Lease
In a follow-up to their article published in the May Issue, the authors discuss some considerations for drafting master leases for DSTs utilized in like-kind exchanges.
Columns & Departments
IP News
Federal Circuit Affirms Anticipation of Claims <br>Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled<br>In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness
Features
The Uniform Premarital and Marital Agreements Act
Part One of this article described the genesis of the uniform acts ' UPMAA and UPAA ' and compared New York law with the Acts. Part Two reviewed other differences between New York law and the UPMAA and UPAA. The third and final part herein discusses variations in the acts.
Court Watch
Unauthorized Use of Registered Mark <br>Claims in Curves Franchisee Dispute
Lessons from the $148M Fraud by Dole's GC and CEO
Last month, we discussed the fact that 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. We conclude this discussion herein.
Features
'Ambiguous' Franchise Agreement Sinks Franchisor
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
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.
Features
<b><i>Practice Tip:</i></b> Insurance Issues in M&A Transactions
Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&A transactions.
Yates Memo Could Bring Balance to Prosecutions
On Sept. 9, the DOJ issued "the Yates Memorandum," detailing how officials expect prosecutors to hold individuals accountable for criminal wrongdoing. The memo may have result in a potential reduction in the number of corporate settlements when there is no clear evidence of criminal conduct.
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