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Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts
November 02, 2015
This article briefly explores a few instances where an ADR clause should be strongly considered. Although the article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S.
Lessons from the $148M Fraud by Dole's GC and CEO
November 02, 2015
The Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit.
Off-Label Promotion, State-Level Injury Lawsuits and Preemption
November 02, 2015
Recently, the Tenth Circuit found that federal law preempts injury and negligence claims, brought under state law, even if the claims arise out of potential off-label promotion by the device manufacturer.
In the Courts
November 02, 2015
Analysis of a recent ruling in which the United States District Court for the Eastern 'District of New York issued an opinion in support of the sentencing of Ion Catalin Vrancea, who was convicted on multiple counts in 'November 2013.
Seasonal Retail Leasing
November 02, 2015
Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting. Here is a list of some common areas of concern and questions for you to check at least once, if not twice.
Suit Sheds Light on e-Commerce Fraud
November 02, 2015
A New Jersey online ad agency claims in a suit filed in federal court in Newark that it was defrauded by artificially generated Web traffic on a company's website, an issue e-commerce attorneys said is "extremely prevalent," but rarely litigated.
<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions
November 02, 2015
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider.
Field-Based Intelligence
November 02, 2015
Has acceptance of technology-assisted review (TAR) finally turned a corner and earned broad acceptance in the legal community? Some recent comments by the influential and technology-savvy Magistrate Judge Andrew Peck would seem to indicate that TAR has moved beyond the controversial stage and entered into the mainstream of e-discovery practice.
Crazy for Fair Use
November 02, 2015
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
Addressing the Dissipation of Marital Assets in a Divorce Case
November 02, 2015
At what point does one spouse's gifts to family and friends, or their bad investments and/or extravagant spending, become considered dissipation in the eyes of an adversary looking to review a case or the judiciary, and what remedies are available to a spouse where a dissipation has been found to have occurred?

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