Features
Federal Jurisdiction Reform
Whether a case is litigated in federal court rather than state court can have a huge impact on both litigation costs and the end result. Some proposals for federal jurisdiction reform.
Cognitive Encapsulation: Thinking Inside the Box
An in-depth look at how forensic psychologists conduct child custody evaluations
Litigating a Custody Case Without Mental Health Records
Almost every family law attorney has had a custody case where either his/her client or the opposing party has suffered from some kind of mental health condition. In those cases, the big question is when, if ever, a litigant's mental health records are discoverable.
Special Needs Children and Divorce
Family lawyers must take into account the added complexities involved when their clients are co-parenting a special needs child. Here's why.
Columns & Departments
Verdicts
In-depth analysis of a recent key case.
Columns & Departments
Drug & Device News
News of importance for you and your practice.
The Lawyer in the Examination Room
Last month, we began discussion of the question: "When the court orders a litigant to undergo a psychological examination, is it proper, or permissible, for that party's attorney to attend the session?" The discussion concludes herein.
Why Lawyers Need to Write Less Like Marshall and More Like MapQuest
Writing in many parts of the legal and business worlds have probably changed more in the last decade than in any comparable period over the last five centuries.
Before Saying 'Yes' to a Merger
Despite the obvious opportunities, the integration of small groups of attorneys into a larger firm does not always succeed. This is precisely why "due diligence" should be the mantra of both parties in anticipation of any acquisition/merger.
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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 ›