Employer Liability for Employee Wrongs
Employer knowledge of employee activities opens employers to responsibility for employee misdeeds. Here's why.
The Fallacy of Merger Math
If we were to analyze law firm mergers by plotting client satisfaction on one axis and partner satisfaction on the other, the resulting scatter diagram would reflect a surprising few combinations that were deemed satisfactory after the fact to all parties.
Recent Notable Employment Law Developments
Developments in the labor and employment area continue at a rapid pace. Here's a roundup of the latest.
Strategies for Responding to FRCP 30(b)(1)
Upon receiving a notice of deposition for an officer, director, or managing agent pursuant to Rule 30(b)(1), an institutional party need not reflexively agree to produce the named individual. Here's why.
Features
When the Tenant Files for Bankruptcy
The timing of the filing of a shopping center tenant's bankruptcy filing may be affected by many factors, including, among others, the tenant's liquidity, down turns in sales and secured creditor issues. What happens to the landlord?
Features
Modernizing Lease Forms
This article discusses certain simple methods of improving the visual layout and organization of lease forms to produce a stronger template for future leases.
In the Spotlight: Bankruptcy Stays and Guarantors
New York's intermediate appellate court in Brooklyn decided a case bringing to New York law the principle that unless guarantors file for their own independent bankruptcy protection, the protections that bankruptcy brings to a primary debtor do not automatically protect the guarantors. '
Property and Business Loss Insurance: Planning for Nature's Surprises
Insurance is the best protection for unexpected casualties, and owners need to understand the basic coverages that are now available for both property and business income losses..
Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees
From the largest Chapter 11 case to date, <i>In re Lehman Brothers Holdings Inc., et al</i>., emanates yet another decision of great interest to the restructuring community.
Features
Calling on U.S.Marshals
The U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. A look at a recent case where this happened.
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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 ›
- 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 ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›