Business Crimes Hotline
Do corporations have souls? A look at a pivotal case recently decided in Delaware.
Arguments Heard in 'Happy Birthday' Copyright Fight
In a court battle involving the song "Happy Birthday to You," a federal judge was set to decide whether Los Angeles-based music publisher Warner/Chappell has unlawfully been collecting licensing fees for the song's copyright.
Features
<b><i> Media & Communications:</i></b> Communicating Effectively to Both Genders
What you say isn't as important as what is heard. And each gender hears things differently!
Franchisee Class Cleans Up in Federal Court
Nearly 250 people who run franchises for the cleaning company Jani-King last month got certification to bring a class action suit against the company for misclassifying them as independent contractors in Pennsylvania.
What Makes Text Messages Not Hearsay?
In <i>Commonwealth v. Koch,</i> the Pennsylvania Supreme Court gave us a present in the form of an affirmance of a Superior Court panel decision that reversed the trial court's denial of the exclusion of text messages on the grounds that they were hearsay. Because the affirmance was the result of a six-justice court being evenly divided at 3-3, none of the opinions is controlling. Nevertheless, they provide insight into the issues arising from the attempt.
Structuring Your 'Event/Food Service' Occupancy Agreement to Service Mixed-use Tenants
There is an opportunity to enhance mixed-use projects by developing "event space" to accommodate these needs. Several options are available to structure an occupancy arrangement for these events. This article briefly discusses some of the options available, and items you may want to include in your transaction.
Columns & Departments
Development
In-depth analysis of two key rulings.
Features
Title Insurance and Common Endorsements
This article provides a brief description of the architecture of a standard title insurance policy along with the risks that are covered and not covered.
Recent NLRB Actions
Over the last few years, the NLRB has dramatically expanded employee rights to engage in "protected concerted activity" by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace.
Landlord & Tenant
Discussion and analysis of a case in which a landlord interfered with a tenant's efforts to find a substitute tenant.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›