Features
Defalcation Defined
A recent Supreme Court ruling means that all prior lower court decisions addressing the mental state requirement for defalcation have little or no precedential value.
Secured Lender's Loss of Possessory Lien Affirmed
The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee <I>without first seeking adequate protection."</I>
Features
The Jackson Reforms
UK Lord Justice Jackson's case management and litigation cost reforms are the most earth-shattering developments in recent UK civil procedure history, with serious ramifications that extend across the pond to U.S. companies.
Compliance with the SEC's Conflict Minerals Rule
With the 2010 Dodd-Frank Act, and "conflict minerals" has become a household word. Here's how to comply with the SEC's Conflict Minerals Rule.
Features
The NLRB's New Focus: Non-Union Employers
The NLRB has revisited an age-old doctrine to define a new role for itself that will ensure continued viability outside the context of organized labor. That doctrine is "concerted protected activity,"
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2013 as well as some recent cases of interest, including two from the Delaware Supreme Court.
Features
Does the SEC Still Care About Financial Reporting Cases?
In recent years, the SEC has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
Features
The Value of Child-Centered Litigation in Our Matrimonial and Family Courts
The authors feel it is critical to recognize that a child-centered custody or visitation proceeding does not translate into a due process deprivation for either parent.
Features
The Child-Centricity of Our Matrimonial Courts
The ongoing disparate treatment of attorneys for the children versus those of the parents, though perhaps well-intentioned, violates the parents' right of due process and too often over-empowers children.
Features
Eight Tips for a Successful Mediation in a Family Law Matter
Mediation has become an important component in family law proceedings. This article offers eight tips for making the most of mediation in a family law matter.
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MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Cost of Making PartnerMaking partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Pros and Cons of Master LeasesSection 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.Read More ›