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Columns & Departments

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent case in which the Second Circuit ruled that "Tipping" liability for insider trading requires knowledge of the tipper's benefit.

Case Notes

ljnstaff & Law Journal Newsletters

In-depth analysis of two key rulings.

Intercreditor Agreements

Sean Gillen

This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.

Features

'Unreliable ' Articles, 'Trial by Literature ' Revisited

Michael Hoenig

The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.

Law Firm Leaders Struggle with Setting Firmwide Rates

Gina Passarella

Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.

Features

Bounties for Wandering Whistleblowers

Philip M. Berkowitz

Last year, a number of important new developments, judicial and otherwise, expanded the rights of individuals, even those based overseas, to assert whistleblower rights under the Sarbanes-Oxley Act of 2002 (SOX) and the Dodd-Frank Wall Street Report and Consumer Protection Act of 2010. This article explains what you need to know.

Features

Expanding the Playing Field for Video Game Lawsuits

Marisa Kendall

Video game litigation is a hot area for entertainment lawyers in 2015, as more celebrities have sued over being cast as game characters without their permission. The spree is driven by a pair of 2013 rulings that sided with athletes depicted in college football games, lawyers said, as well as by the overall boom in gaming sales which has made the industry a rich target for plaintiffs lawyers.

Features

Are Franchisors 'Employers'?

Glenn Plattner & Kristy A. Murphy

Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.

Top 10 International Employment Law Issues

Philip M. Berkowitz

This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.

Features

<i> 'Momentive'</i> Provides a Reminder About Intercreditor Agreements

Barbara M. Goodstein

The growth in mezzanine and junior financing has spawned a rise in litigation over lien intercreditor agreements ' agreements between creditors that govern their relative rights and remedies with respect to shared collateral.

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