Features
Media & Communications: New Ways to Provide Value
Business as usual is different now, and we're not going back to the "good" old days when the fa'ade of increasing billing rates masked a multitude of law firm management sins.
Features
Career Journal: Messaging New Marketing Concepts
Law firms have begun to recognize that segmenting their services can be a good thing and a legitimate business model to deploy.
Service As a Strategy, Not a Buzzword
Every touch point a client has with a firm can contribute meaningfully to client satisfaction ' or dissatisfaction.
Features
Managing Religious Diversity in the Workplace
In the U.S. workplace, increasing religious diversity means additional labor and employment responsibilities for in-house counsel, according to a new report from the Tanenbaum Center for Religious Understanding.
Features
Whistleblower Retaliation Cases
Recent notable whistleblower cases are in some instances defining what it takes to be a successful retaliation plaintiff; in other ways, these cases are merely shaping the battleground for cases yet to come.
The Importance of Background Checks
The government routinely requires certifications from its contractors, who provide everything from weapons systems used in combat to health care services paid by Medicare and Medicaid.
Features
Non-Compete Agreements
Rulings in two cases have substantially defined the landscape of non-competition law in Illinois, and have a profound impact on employers' use of restrictive covenants with their employees.
Features
Anti-Assignment Clause?
The Third Circuit recently reaffirmed the policy underlying anti-assignment provisions in connection with bankruptcy cases, and the extent of bankruptcy courts' jurisdiction after closure of a case.
Features
<i>In re Bellingham Ins. Agency</i>
The Supreme Court <I>may</I> finally clarify some of the confusion regarding a bankruptcy court's authority acknowledged by Justice Scalia in <I>Stern</I>.
Seventh Circuit Stumble
As fallout from <I> Stern v. Marshall</I> continues to disrupt bankruptcy litigation throughout the country, the Seventh Circuit recently provided a new contribution to the body of post-<I>Stern</I> authority from the Court of Appeals level.
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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 ›