Once the Marriage Ends
An analysis of the duty of support in these economic times.
Enforcement Remedies to Combat Default
In these uncertain economic times, attorneys are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the divorce judgment.
Pay-for-Delay Contracts
In last month's newsletter, we discussed the recently decided case <i>In Re K-Dur Antitrust Litigation</i>,in which the Third Circuit bucked the trend of rubber-stamping pay-for-delay patent lawsuit settlements. The discussion concludes herein.
Special Education and the Collateral Source Rule
The fastest way to a mistrial is to mention the word "insurance" in front of the jury. This maxim refers to the collateral source rule. But what about the words "public benefits" or "special education"?
Features
Managing Liability Risks from Robotic Surgery
Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.
Features
Practice Tip: Common-Law Indemnification
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
Supreme Court Holds Pharmaceutical Sales Reps Are Exempt
The U.S. Supreme Court's recent decision in <i>Christopher v. SmithKline Beecham Corp.</i> was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings
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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 ›
- 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 ›