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Two recent decisions from the United States Bankruptcy Court for the Southern District of New York affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article discusses the significance of these decisions.
Features
Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.
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The author concludes this three-part article with more suggested arguments for saving a temporary maintenance agreement that does not contain the language and recitations required by subdivision 5-a(f) of DRL ' 236B.
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All rebranding projects are unique ' no two are the same. Here are a few tips that will help make your rebranding project ' should you dare to take one on ' a success.
Data breaches are part of the technological age. Indeed, 2013 was dubbed the year of the "mega breach," and in 2014, as of October, there had been 621 publicly reported data breaches, exposing 77,890,487 records. In early October 2014, JPMorgan Chase reported a data breach affecting as many as 76 million households and 7 million small businesses, making it one of the largest data breaches ever reported.
Actress Cindy Lee Garcia's two-year quest to scrub the Internet of her appearance in the anti-Islamic film <i>Innocence of Muslims</i> was the departure point for roving arguments before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit in December. The Ninth Circuit considered Garcia's claim to a copyright in her performance in the film and whether it warrants an injunction barring Google Inc. from hosting the video on YouTube.
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Law firms have long dominated downtown trophy office space, locating in buildings that are the best-of-the-best at "Main and Main." But times are changing. While growth is slowly returning to the legal industry, slightly rising revenues are still no match for rapidly increasing office space rents. New solutions ' and new locations ' must be found.
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Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes <i>per se</i> patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, <i>Brulotte</i> has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.
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Arbitration is the ever-evolving tool of choice for many organizations seeking to resolve disputes without resorting to more costly and time-consuming litigation. In this roundtable, the panel discusses trends, challenges, innovative new models and what the future holds for arbitration.
Features
The collective weight of the new year is upon law firm managing partners, with the season being that of collections, partner compensation and rate-setting. And the latter has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates and alternative fee deals are a growing part of firm revenue.