Features
Tax Considerations of FCPA Violations
Last month, the authors began examination of some of the tax consequences of violations of the FCPA. They continue with that discussion herein, with a look at civil penalties.
New Legal Risks
The authors analyze the "Petri dish of anger" against the financial services sector.
Difficult Issues: Indemnification and Fee-Advancement
Once an investigation or major lawsuit starts up, corporate personnel are sure to be involved and, consequently, the difficult issues surrounding indemnification and advancement will undoubtedly arise.
Features
Circuit Clarifies Parent Defense Under the Child Abduction Law
The one-year period that must expire before a parent in an international custody dispute can raise the defense that a child is settled in his or her new country cannot be equitably tolled, the Second U.S. Circuit Court of Appeals ruled on Oct. 1.
Consumers Allege Pulp Fiction in Tropicana's 'Natural' Claims
A look at a recent suit involving Tropicana orange juice advertising claims.
Features
Practice Tip: Undoing Pliva Inc. v. Mensing
Congress is discussing taking away generic drug manufacturers' labeling litigation shield.
Features
The PPACA 's 'Physician Payment Sunshine Provisions'
The U.S. Supreme Court's decision upholding the Patient Protection and Affordable Care Act (PPACA) may be one of the most controversial and talked-about legal decisions. But one of the most contested provisions of the Act ' a mandate known as the "Physician Payment Sunshine provisions" may have larger implications for pharmaceutical companies and others.
Features
Creating a Culture of Leaders
This article examines how the author's law firm encouraged a culture of leadership by providing access to leadership development training across all disciplines and levels of experience.
The 'Unfinished Business' of Failed Law Firms
Recently, two New York federal district courts reached conflicting decisions in the Coudert and Thelen bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business."
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
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›