Franchisor-Supplier Relationships
It appears that many franchisors have no formal long-term or, for that matter, short-term agreements with their suppliers. Is this an unhealthy move by these franchisors?
Features
Unintended Effects of a 'Belts and Suspenders' Approach
Commercial landlords should carefully review what their tenants are requesting to be recorded against the landlords' fee interests in their properties, and ensure that such documentation is not so ambiguous or overly broad that it could have unintended consequences.
Features
In the Spotlight: Shopping Center Declarations
A commercial tenant contemplating a lease in a shopping center or adjacent outparcel has its work cut out for it in terms of due diligence required.
Features
In the Courts
A recent case about sentencing guidelines.
The Internal Revenue Code and FCPA Violations
The authors continue herein with their discussion of tax consequences that may accrue when the U.S. federal government finds a company in violation of the Foreign Corrupt Practices Act (FCPA).
Conducting Discovery in Japan
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
Features
Grand Jury Immunity and Section 1983 Actions
Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.
Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses
A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had "standing" to seek reimbursement of its legal fees and expenses as a "substantial contribution" to the reorganization case.
Valuation Litigation
The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›