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.
Features
What Employers Need to Know About Heat-Related Illnesses
According to OSHA, more than 30 workers have died of heat stroke each year since 2003. Here's how to prevent such tragedies.
Features
The Perception of Retaliation
A growing number of courts are now looking not only to protect employees who took some sort of civil rights action, but also those who can show that their employers <I>perceived</I> they took that action, even when they didn't.
Features
Employers Can't Fire Women for Wanting to Use Breast Pumps
In a pointed opinion, the Fifth U.S. Circuit Court of Appeals has ruled that firing a woman because she wants to use a breast pump at work violates Title VII of the Civil Rights Act of 1964.
Features
Employment Arbitration Programs
This article explores recent developments in the arbitration context, particularly those involving class or collective action issues, and highlights a number of significant unsettled issues that may soon be decided.
Features
The Reach of U.S. Law over Foreign Corporations
As global commerce has expanded beyond traditional territorial bounds, the jurisdiction of the U.S. courts has undergone a similar expansion.
Features
Practice Tip: Class Actions. Where's the Beef?
Despite the fact that product liability class action settlements are subject to judicial scrutiny to ensure substantive and procedural fairness, there is surprisingly little data available regarding how much cash relief class members actually receive post-settlement.
Contacting and Compensating a Non-Party/Former Employee Fact Witness
What is the rule for <I>ex parte</I> contact with a corporate adversary's former employee? What you need to know.
Features
Property Assemblage
Usually a property assemblage is viewed as a transaction involving the purchase of property rather than a lease, but a property assemblage could very well involve a leased parcel.
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MOST POPULAR STORIES
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›