Features
Lessons to be Learned from the European View of Good Faith
The concept of good faith is firmly established in the civil law jurisdiction of the European Union (EU), although it manifests itself in different forms in each of them, despite the influence of both the German and French law.
The Weinstein Bill: Improved Access to Custody Reports
Assemblywoman Helene has proposed a Bill to create a more fair and uniform approach to New York's chaotic custody problem via amendments to its Domestic Relations Law and Family Court Act. Herein is a discussion of the pros and cons of that Bill.
Features
Using Social Media Content to Defend Employment-Related Lawsuits
The varied nature of the forms of social media content, and the fluid manner in which it changes as users add, revise, and share content, presents complex challenges in the context of discovery. So is social media discoverable?
Columns & Departments
Decisions of Interest
Recent rulings of interest.
Features
Casualty: A Tenant's Perspective
This article examines a tenant's perspective with regard to those topics, and offers certain insights into how a tenant should draft its lease in order to protect itself in the event of a casualty situation.
Features
Courts Shed Light on the Scope of Federal Court Review of Patent Office Decisions Initiating AIA Patent Challenges
The AIA provides that the PTAB's initial decision on whether to institute proceedings "shall be final and nonappealable." But the precise meaning of this provision has already been disputed. Recent decisions have begun to shed light on the scope of review federal courts have on a PTAB initial determination.
Features
Divorce in the Red Zone
As discussed in Parts One and Two of this article, the author suggests the Red Zone concept as a means to explain to divorcing parties the stages of the dissolution process and the actions that should be taken at each. After the Preliminary Conference Red Zone, discussed last month, come the Discovery, Pre-Trial Conference and Trial Red Zones.
Features
New Pregnancy Laws Deliver More Protections for Moms to Be ' Along with Some Challenges for Employers
If there is one thing that is clear, it is that issues relating to pregnant women and nursing mothers are a significant focus of developing law at both the state and federal level. How should employers, especially those with multi-state operations, respond to the recent developments?
Features
Municipalities Have Power to Zone Out Fracking
What limits are there on a New York municipality's exercise of its zoning power? The Court of Appeals recently addressed that question in the context of municipal ordinances banning fracking, but the implications of the case are broader, suggesting that the state legislature must use explicit language to pre-empt local zoning authority.
Columns & Departments
In the News
California Franchise Legislation Advances <br>Franchisor Sued over Use Of Logo Similar to NJ's Garden State Parkway Logo
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- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›