What Is a 'Risk Assessment' and How Do You Perform One?
January 29, 2008
There is an an alphabet soup of acronyms, programs and initiatives suggesting, encouraging, cajoling and, in many cases requiring formal, written codes of ethics and business conduct. This article endeavors to make sense of it all and provide some practical advice on to best protect your company by focusing on the one common thread found in virtually all of the new statutory, regulatory and enforcement guidance: 'Risk Assessments.'
Forfeiture-for-Competition Agreements
December 28, 2007
Law firms are constrained by professional ethics in how they address the issues of lawyer mobility. Rule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as 'forfeiture-for-competition' agreements.
Ten Rules for Franchisors to Reduce Litigation Risks
December 27, 2007
This is the conclusion of a two-part series in which we distill the best litigation-related advice for franchisors into 10 simple rules. The rules emphasize common sense, foresight, and recognition that skilled and successful franchisees are an indispensable element in overall system success.
Pleading Standards in Patent Litigation After Bell Atlantic Corp. v. Twombly
December 27, 2007
<i>Bell Atlantic Corp. v. Twombly</i>, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
Profiting from the Downturn: Bankruptcy Asset Sales
December 27, 2007
Buying assets out of a bankruptcy case represents one of the best ways to profit from financial distress. However, just as there is no typical bankrupt company, there is no typical asset sale in a bankruptcy case. Bankruptcy and distressed company investing, while potentially lucrative, is also complex and oftentimes contentious.
Movers & Shakers
December 27, 2007
News about lawyers and law firms in the product liability field.
Case Notes
December 27, 2007
Highlights of the latest product liability cases from around the country.
