Features
Building a Star-Studded, Long-Tenured Marketing Team
As we all know, setting and achieving goals in a professional services environment can be challenging due to the differences in marketing certain practice groups and in how one practice group may perceive success compared with another. Here's how to make it work.
Problematic Lease Provisions: The Top Three Offenders
Both landlords and tenants of commercial property must be careful in preparing and signing leases. Beyond the financial considerations of the agreement, both parties must consider how to protect themselves before, during and after the term of the lease. Although every commercial lease is unique, there are three provisions that often create the most problems for landlords and tenants: self-help repossession provisions, restrictive covenants, and repair provisions.
Features
Coaching: A Shift in Law Firm Culture
The essence of this coaching approach, and why it works in a law firm setting, is that the coaches are partners who are also the teachers within the firm. They are in a position to role model the very culture that a firm wishes to build.
Identity Theft and Your Income Taxes
In 2013, 13.1 million people were victims of some sort of identity-theft. Often, you may think of identity theft as being confined to credit card or ATM fraud, yet there is an epidemic of fraudulent electronically filed tax returns. Identity-related tax fraud is the third-largest theft of federal funds after Medicare/Medicaid and unemployment-insurance fraud.
Franchising in Russia
In Part One, last month, we discussed the fact that while international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context. The discussion concludes herein.
Features
Law Firms Aren't Immune to Cybersecurity Risks
Although law firms have managed to remain off the list of the year's biggest data breach victims, firms watching cybersecurity trends most closely are feeling increasingly uneasy about their own security posture.
Features
After Anthem, Diagnosing the Health of Data Security
Companies have begun to experience attempts to breach their databases on a frequent basis, and have had to become hypervigilant about protecting their networks against hackers. But once every couple of months, the bad guys get through the defense systems in a big and highly publicized way, showcasing data disaster for company and customers. This was the case in early February when Anthem Inc., the second-largest health insurance company in the U.S., announced it had been hacked.
Features
The Abercrombie Religious Discrimination Case
Religious diversity in the United States is increasing, and so are charges of religious discrimination. Between In 2011 alone, the EEOC adjudicated 4,151 charges of religious discrimination. A look at a high-profile case.
Features
Jurisdiction in Product Liability Cases After 2014
In 2014, two Supreme Court decisions radically changed jurisdictional rules, which were in place since the middle of the 20th century. These two recent cases will have immediate, far-reaching consequences for all product liability litigators, plaintiff or defense.
Features
President Obama's Executive Action on Immigration
Headlining the Executive Actions announced by President Obama on Nov. 20, 2014, were plans to defer the removal of, and to provide work authorization to, undocumented immigrants who have lived in the United States for more than five years and are parents of U.S. citizens or lawful permanent residents. In addition, the administration will expand the existing Deferred Action for Childhood Arrivals (DACA) initiative.
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- 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 ›