Features
Workplace Bullying Laws and Litigation
While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Features
Terminating the Physician/Patient Relationship
In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment.
Columns & Departments
Real Property Law
Three major rulings are discussed.
Features
The Internet of (Legal) Things
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
Features
SEC Tries to Write 'Facilitating Payments' Exception Out of FCPA
Recently, a lawsuit brought by the SEC alleging FCPA violations against two individuals related to a global oil and gas drilling services company nearly went to trial in federal court in Texas. As one of the only civil FCPA cases to proceed to that stage of litigation, the case provided unique insights into the SEC's interpretation of key provisions of the FCPA.
Data Breaches: Why Prevention Isn't Enough
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough.
Bit Parts
Investor's Suit Against Management Companies Filed Too Late<br>Partnership Suit Against the Lumineers to Remain in New Jersey Court
Your International Compliance Playbook
As companies expand, the regulatory burden can become onerous. And compliance and legal departments are being asked to do more with less, making well-designed compliance programs all the more critical.
Features
Representations and Warranties by Landlords In Lease Agreements
When negotiating a Lease for a commercial real property, a tenant may request that the landlord make numerous representations. Accordingly, it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords, tenants and their counsel in the preparation and negotiation of those provisions.
<b><i>Voice of the Client:</i></b> Differentiation Through Better Client Connection
2015 has brought a new year with resolutions to begin new routines to achieve success. Recent economic reports for law firms tell the story of a legal economy that continues to face real change in the face of soft demand, even though there is increasing evidence of performance separation from some firms to others.
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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 ›
- 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 ›