One of the most significant questions presented at the outset of any valuation of a business-type interest conducted in connection with the equitable distribution of marital property upon divorce is: What date should be used to value the asset?
The BYOD movement sprang up from employees' desire to have and use their own choice of a smartphone and to be able to better mix their business and work lives. Yet, this modern-day nod to the 19th Century company town has its dark sides.
A recent decision underscores the fact that municipalities, in reviewing applications by religious institutions, must apply objective criteria to any land-use review or face the consequences.
This was the inaugural year for the ACC Value Champions awards, which recognize law departments and law firms that have led the trend in improving the value of legal spending. A look at the winners.
In order for firms to sustain and grow the amount of legal services they provide, a critical mass of their lawyers must engage in some meaningful form of business development. And attorneys who wait until they are up for partnership to begin developing business are already well behind the curve.
A significantly higher number of law department budgets experienced reductions in 2012 than in the three years prior, so the pressure on outside counsel is likely to increase rather than abate. But are law firms listening?
The 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.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.
