Features
Payments to Investors in a Securitization Structure Protected from Avoidance
The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).
Features
Abercrombie Decision Raises the Bar for Accommodating Employees of Faith
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie</I>. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Features
Can Cooperation Expose a Company to a Defamation Claim?
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
Features
Uncovering the Inner 'Intrapreneur' in Law Firms
One of the most pervasive impacts on law firms is the need for sustained continuous change. Change is never easy. Continuous change is harder and particularly so in conservative profession like law. Here enters the business case for law firm intrapreneur programs!
Features
Understanding and Avoiding Health Care Fraud Enforcement
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
Columns & Departments
Med Mal News
Discussion of a case in which the TX Medical Board's restrictions on telemedicine brought on a lawsuit.
Features
Canadian Appellate Court Orders Google To Block Website Worldwide
A recent ruling by the Court of Appeal for British Columbia affirmed a lower court decision ordering Google Inc. to block certain websites from its search engine ' not just in British Columbia but worldwide.
How Do You Know When Your Loss Ensues?
This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.
Features
Take Credit for Your Work: ROI for Marketing Directors
How much money should firms spend on marketing? Instead of simply choosing a percentage based on conventional wisdom, this article shows you three simple calculations to use when you're trying to determine how much money your firm should spend on marketing.
<b><i>Social Media Scene:</i></b> Stand Out and Grow Your Firm with This Social Media Routine
We are in an online economy where traditional marketing tactics are falling short of meeting the expectations of highly mobile users who expect transparency and accessibility from the businesses with which they deal. For law firms, transparency can present some challenges, but accessibility is a challenge your social media presence can overcome with a focused effort on your part.
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MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›