Features
John Travolta Denied Dismissal of Suit By His Former Pilot
It will take more than an anti-SLAPP motion to bring down a suit filed against John Travolta by the movie star's former pilot, the California Court of Appeal, Second District ruled.
Entitlement to a Credit for a Settlement Reached in Another Jurisdiction
This article addresses the dynamics of New Jersey's Collateral Source doctrine and defendant physician's entitlement to a credit for a settlement that a plaintiff reached in another jurisdiction.
Features
New Capabilities Allow More TAR Use In e-Discovery Tasks
Recent advances in technology assisted review (what I call "TAR 2.0") include the ability to deal with low richness, rolling collections, and flexible inputs in addition to vast improvements in speed. These improvements now allow TAR to be used effectively in many more discovery workflows than its traditional "TAR 1.0" use in classifying large numbers of documents for production.
Features
Immigration Compliance
With the dire and obvious need for immigration reform and the equally obvious slow move toward adopting a comprehensive solution, some companies choose to put immigration compliance on the back burner. Bad idea.
Features
Prior Documents May Affect a New Lease
Always check to make sure prior documents signed by your client do not affect the new lease you are about to finalize. An attorney who fails to heed this warning may be unintentionally ignoring restrictions or prohibitions contained in these prior agreements and expose his/her client to unnecessary litigation by parties seeking to enforce such contracts.
Ethics of Settlement: Restricting Plaintiff's Counsel from Representing Future Claimants
Rules of professional conduct of all 50 states include an express prohibition against a lawyer participating in making ' or even offering ' an agreement in which restriction on a lawyer's right to practice law is part of the settlement of a client controversy. A look at a hypothetical case.
Columns & Departments
Med Mal News
Discussion of two major cases.
Features
Second Circuit Limits Abuse of Conservation Easements
Conservation easements provide an attractive mechanism for preserving open spaces and historic buildings. Although some landowners undoubtedly create conservation easements out of pure altruism, tax advantages play a significant role in the creation of most conservation easements. .
Features
Adopting Information Governance in Small and Midsized Firms
The law firm records management industry has been evolving to an information governance framework. The records function within the firm has traditionally been more of a back-end function, with the idea that everything was created in paper, made into an official record, indexed and hopefully regulated by retention schedules.
Features
Divorce in the Red Zone
In cases involving divorce financial planners, red zones are legal and financial coordination points between the attorney and the planner ' the latter bringing a broad financial perspective to the case that compliments the attorney's legal perspective.
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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 ›