Features
Proactive Trust Planning to Protect Your Clients
Planning for trusts has evolved substantially over the years. "Modern" trusts are more comprehensive, flexible and protective than those that were more typically completed only a few short years ago. Understanding the characteristics of modern trust drafting is critical to achieving better protection for clients.
Features
Facebook Threats Case to Get S. Ct. Review
The U.S. Supreme Court will soon be grappling with classic First Amendment principles in the modern-day social-media context of a case involving threatening posts on Facebook.
Features
Concealed Carry Issues in Commercial Leasing
Last year, Illinois became the 50th ' and last ' state in the Union to enact a law that authorizes its citizens to carry concealed firearms. Amid a landscape of wildly divergent opinions on the subject, concealed carry is now the law of the land, in some shape or form.
Features
Limiting Internet Medical Malpractice Liability
Medical practices use the Internet for posting physicians' biographical information, linking websites featuring medical information and hosting medical question-and-answer blogs, among others. However, even this type of interaction with a health-care provider can lead to a medical malpractice lawsuit.
Regulatory Matters Abound
American companies dealt with more regulatory and investigation matters in 2013 than in 2012, and the volume of labor and employment litigation matters outpaced contracts. Norton Rose Fulbright's 10th Annual Litigation Trends Survey revealed a notable gap between them.
Features
Information Governance
The Judicial Conference Advisory Committee on the Civil Rules has proposed another round of Rules amendments. If enacted, the resulting package of amendments could affect most aspects of federal discovery practice and possibly decrease eDiscovery burdens and costs for courts, clients, and counsel alike.
Changes to Music Copyright Licensing
Rep. Jerrold Nadler (D-NY) is drafting comprehensive music copyright reform legislation, saying last month that such a bill would be the best way to address the problems he sees with the licensing system for songs.
Features
Patent Litigation Fee-Shifting
In April, the Supreme Court reshaped the patent litigation landscape with two rulings, which serve as a warning to patent litigants to carefully consider their strategy before initiating continuing litigation under some circumstances.
Columns & Departments
Med Mal News
A look at recent rulings of interest.
Features
Losing Customer Data Means Losing Customers, Period
Becoming the next Target can be toxic for companies, particularly those in the finance, health-care and retail sectors, which usually collect and store customers' personally identifiable information (PII).
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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 ›
- 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 ›
- 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 ›