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."
Features
Why Clients Fire Firms
Why are firms losing important, blue-chip clients? Let us count the ways.
Features
Avoiding Liability in Employee References
An employer must be careful when providing employment references. However, recent case law demonstrates the difficulty an employee faces in trying to establish defamation by a former employer.
Could Settling Cost You $1,000 Per Day?
Imagine settling an employment discrimination claim for $450,000 and then getting a bill for $90,000 more than three months later! As of Jan. 1, 2012, this has been possible, and most private employers have no idea it could happen.
The FMLA, Expanded
Employees who remain out on leave longer than the FMLA's 12 weeks pursuant to their employers' representations can typically reclaim their jobs and even seek damages beyond those envisioned by the statute. Here's why.
Features
Preparing for Reverse Auctions
Rather than companies sending out RFPs to a number of law firms, they are now using a "reverse auction" to request quotes from law firms they trust. Here's how it works.
Seasonal Tenants and Lease Reviews
Now is the time for all parties to think about creative ways to maximize revenues and to review their relevant documents to identify their rights and obligations before the cheer of the holiday time is upon us.
Relying Solely on An Indemnfication Provision
A recent Massachusetts appellate court opinion highlights the dangers of failing to include rent acceleration and liquidated damages provisions in commercial leases and relying solely upon an indemnification provision to collect post-termination damages.
In the Spotlight: AIA Releases Sustainable Projects Contract Documents
The American Institute of Architects (AIA) recently released a set of new contract documents to define roles and responsibilities and to provide procedures and processes for owner, architects and contractors to identify sustainability goals and to map out a plan to achieve those goals.
Making Your Leases Work with Your Loan Documents
Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.
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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›