Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
Measurement Standards in Commercial Leases and the Right to Remeasure
December 31, 2015
Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests sample lease language for both landlords and tenants.
Collaborative Arrangements And Physician Liability
December 31, 2015
There was a time when people who were sick or pregnant would go to the doctor's office and be examined and treated by a physician. As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided not by physicians, but by other health-care professionals, such as nurse practitioners and midwives.
FINRA's Hunt for Insider Trading Cases in Illiquid Markets
December 31, 2015
Over the last several years, the Financial Industry Regulatory Authority (FINRA) has continued to emerge as a consequential securities transaction regulator, acting in the stead of the traditional authority imposed by DOJ and the SEC. Certainly, this manner of delegation of a prosecutorial function to an administrative agency has been the subject of criticism.
Standing to Assert Claims for Online Privacy Breaches
December 31, 2015
Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.
Cross-Examination Using Learned Treatises
December 31, 2015
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.
<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness
December 31, 2015
Recently, in <I>In re Revel AC, Inc.</I>, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in <I>Revel</I> was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
