Features
Professional Development: Black Women Attorneys
As law firms face the exodus of its Black women attorneys in unprecedented numbers, leadership of large law firms are faced with the challenge of reversing the trend and repairing the damage.
Features
The Cold Call in 150 Seconds Or Less
There is both good practice and the potential of value hidden amongst the cold calls. If you choose to take the onslaught head on you can actually bolster your confidence in your existing solutions, perfect your own elevator pitches, and actually reduce the time you spend dealing with (or avoiding) these calls.
Features
Counsel Fees: A Tipping Point
A recent decision sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees.
Features
Electronic Balloting Procedures Approved in a Chapter 11 Case
For the first time in history, a bankruptcy court has approved the use of electronic balloting procedures in a Chapter 11 case.
Features
The Human Factor in Data Security
While high-profile targeted cyberattacks received great attention in 2013, data breaches due to human error continue to be a regular occurrence. The good news, such as it is, is that today, more attention is focused on combatting cyber threats than ever before.
Features
Making the Judge Happy in a Matrimonial Trial
Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.
Columns & Departments
Practice Tip: After the Love Is Gone
In heated divorce cases, the four-way conference is a great tool that can serve as a mechanism for settling your case, as long as you are organized and prepared.
Features
FL Supreme Court Overturns Statutory Cap on Non-Economic Damages
In a long-awaited decision, the Florida Supreme Court has held that the Florida statutory cap on wrongful death noneconomic damages violated the Equal Protection Clause of the Florida State Constitution.
Features
How to Reduce Litigation Costs In the EDRM Continuum
The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.
Features
Enforcing Forum- Selection Clauses
Forum-selection clauses are commonly used in agreements for e-commerce websites. These clauses represent a very important risk management provision. On Dec. 3, 2013, in a 9-0 decision written by Justice Alito, the U.S. Supreme Court rendered a very significant ruling relating to the proper procedures for enforcing forum-selection clauses. In this article, we will discuss these procedures.
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- 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 ›
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