Oral Modifications of Separation Agreements
October 31, 2007
Separation agreements in matrimonial actions often contain provisions prohibiting oral modification or waiver of their terms. These provisions usually contain language to the effect that 'no modifications, waiver or termination of any of the terms of this stipulation shall be valid unless in writing and executed with the same formality as this agreement.' Despite such language, are there any possible scenarios under which the terms of such an agreement can be modified or waived without a written agreement? The answer may surprise you.
WV Supreme Court Invokes Learned Intermediary Doctrine
October 31, 2007
Last year, pharmaceutical companies reportedly spent $4.5 billion on direct advertising to consumers, or about 400 times more than they spent 20 years ago. Drug company spending on advertising to consumers is increasing twice as fast as spending on promotions to physicians or on the research and development of new drugs. Given this exponential growth in direct-to-consumer advertising, it is hardly surprising that prescription drug makers' traditional immunity from consumer 'failure-to-warn' claims has increasingly come under assault.
Non-Competition, Non-Solicitation and Non-Disclosure Agreements
October 30, 2007
When negotiating non-competition, non-solicitation and non-disclosure agreements, there are many issues that should be taken into consideration, regardless of whether counsel is given to the employer or employee. For example, is the agreement or restrictive covenant necessary to protect the employer's legitimate business interests? Is the agreement supported by adequate consideration? Is the restrictive covenant reasonably limited as to time and geographical location in which the conduct is prohibited? What law will apply to the agreement?
Foreclosure and Receivers in the Current Liquidity Crisis
October 30, 2007
Given the instability in the current real estate market and the significant rise in the number of borrowers defaulting on their mortgages, the topic of foreclosures, regardless of the type, will be the subject of many future discussions and articles. Just a quick review of popular business periodicals reveals the many forces working together to both increase the number of foreclosures and decrease property values. In this climate, many lenders will be assessing their options when it comes to foreclosing on delinquent borrowers.
Enron Redux
October 30, 2007
Featured prominently in business and financial headlines in late 2005 and early 2006 were a pair of highly controversial rulings handed down by the New York bankruptcy court overseeing the Chapter 11 cases of embattled energy broker Enron Corporation and its affiliates. Now, in a carefully reasoned 53-page opinion, District Judge Shira A. Scheindlin recently vacated both of the controversial rulings. <i>In re Enron Corp.</i>, 2007 WL 2446498 (S.D.N.Y. Aug. 27, 2007).
Navigating the New Reality of Equipment Leasing and CERCLA Liability
October 30, 2007
This first installment of a two-part series explains the <i>Atlantic Research</i> decision and some of the basic steps a party to a commercial real estate transaction should take to help protect itself from unexpected CERCLA claims resulting from this decision.
Available Upon Request? Qualified Immunity for Employer References
October 30, 2007
Given the protections from liability available in many jurisdictions, most legal employers have a good deal more flexibility than they currently exercise in handling requests for references. Yet, many cautious employers have been slow to liberalize their reference practices.
Ten Things You Should Know About China's New Antitrust Law
October 30, 2007
On Aug. 30, 2007, China's National People's Congress adopted the Anti-Monopoly Law ('AML'), the first ever comprehensive competition law in the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived. What are the essentials of China's emerging antitrust legal regime? The following are the ten key things that you should know about this area.
